599 F.Supp. 818 United States District Court, E.D. Missouri, Southeastern Division. UNITED STATES of America, Plaintiff, v. ONE 1976 FORD F-150 PICK-UP VIN F14YUB03797, Defendant. No. S82-200C(D). Dec. 19, 1984. Government sought to forfeit pickup truck used in connection with raising of marijuana. The District Court, Wangelin, J., held that pickup truck used to carry tools needed to raise marijuana was used to facilitate the offense and was thus subject to forfeiture. Judgment for plaintiff. 1. The defendant herein is a truck, The vehicle type is a pick-up, Alleged by a fed To be found in a bed Of marijuana, caught in the muck. 2. On August 16, ’82, In Perry County, Missouri, who Should appear But claimant Hudson with gear As a one-man pot-tending crew. 3. Claimant drove defendant that day With tools to care for his Illegal hay. He was observed by the fed Placing metal by a shed Where other tools of his trade would stay. 4. The claimant’s arrest was then made, Tis illegal, after all, his trade, And defendant was seized With comparative ease By the government, with which it has stayed. 5. Claimant now wants his truck back And he bases his legal attack On the grounds that defendant Though found in pot fields resplendent Was not used as an illegal hack. 6. While tis true that not one plant or seed Could be found on defendant, indeed, Claimant’s argument is tissue For the dispositive issue Is did defendant facilitate the deed?
Posted on: Tue, 02 Jul 2013 05:50:42 +0000
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