{"id":9613,"date":"2013-11-12T07:19:36","date_gmt":"2013-10-18T09:04:01","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-10-18T09:04:01","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=9613","title":{"rendered":"CA7: Cash claimant had standing by possession despite pleading Fifth in forfeiture"},"content":{"rendered":"<p>A claimant of cash had standing to challenge seizure for forfeiture even when he took the Fifth on possession. He clearly possessed, but he loses on consent. <a href=\"http:\/\/media.ca7.uscourts.gov\/cgi-bin\/rssExec.pl?Submit=Display&amp;Path=Y2013\/D10-17\/C:13-1710:J:Tinder:aut:T:fnOp:N:1224509:S:0\">United States v. $304,980.00 in United States Currency<\/a>, 732 F.3d 812 (7th Cir. 2013):<\/p>\n<p><!--more--><\/p>\n<blockquote><p>The government argues that because the Davises have failed to prove their ownership of the seized cash, they do not have Article III standing. However, to have standing, a claimant need not &#8220;establish that a right of his has been infringed; that would conflate the issue of standing with the merits of the suit.&#8221; Aurora Loan Servs., Inc. v. Craddieth, 442 F.3d 1018, 1024 (7th Cir. 2006). Instead, &#8220;he must have a colorable claim to such a right.&#8221; Id. While it is true that the Davises have not proved their ownership of the cash (indeed, they invoked the Fifth Amendment in response to the government&#8217;s interrogatories on that subject), they do claim such ownership, and the money was found in Randy Davis&#8217;s possession. This is sufficient to give them a colorable claim to the money. See United States v. $148,840.00 in U.S. Currency, 521 F.3d 1268, 1273-78 (10th Cir. 2008) (a claim of ownership coupled with possession was sufficient to establish standing even though the claimant invoked the Fifth Amendment and refused to explain his ownership interest). Therefore, the Davises have Article III standing, and we turn to the suppression issue.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=9613\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-9613","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9613","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=9613"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9613\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9613"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9613"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9613"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}