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UNITED STATES v. 14128 SOUTH SCH. ST.

September 5, 1991

UNITED STATES OF AMERICA, Plaintiff,
v.
14128 SOUTH SCHOOL STREET, RIVERDALE, ILLINOIS, et al., Defendants


Charles P. Kocoras, United States District Judge.


The opinion of the court was delivered by: KOCORAS

CHARLES P. KOCORAS, UNITED STATES DISTRICT JUDGE

 This matter comes before the court on Mr. Gregory Edwards' motion to dismiss the government's verified forfeiture complaint against three pieces of real estate, two automobiles, and three bank accounts. Edwards filed a claim for all items and seeks to dismiss the action under Federal Rule of Civil Procedure Rule 12(b)(6). He claims that the forfeiture action should be dismissed because the government lacked probable cause to seize his property. Edwards further requests that if his motion to dismiss is denied, a hearing be called concerning the seizure of his home. For the following reasons, the motion to dismiss is denied. However, we find that Edwards is entitled to a hearing regarding the future possession of his home.

 BACKGROUND

 The United States of America has filed a verified forfeiture complaint against three pieces of real estate, two automobiles, and three bank accounts under 21 U.S.C. ยง 881 (a)(6) and (a)(7). On March 20, 1991 the government first filed an ex parte motion to obtain a judicial determination of probable cause and to file under seal for the seizure of the above mentioned property. The property was allegedly purchased with proceeds from the illegal sale of drugs and narcotics. Accompanying the motion was a forfeiture complaint which provided the government's basis for seizure of the properties as well an affidavit by an Internal Revenue Service (IRS) agent containing information which he obtained through confidential informants. The government further claimed that there was no need for a pre-seizure hearing for any of the property, including the place of residence, because a judicial finding of probable cause is sufficient for seizure of all drug related property. Judge Moran found probable cause and approved the seizure of the properties.

 The real estate in question is as follows:

 
14128 South School Street, Riverdale, IL
 
1634 Patricia Avenue, Calumet City, IL

 The automobiles in question are as follows:

 
One 1987 Chevrolet Corvette, VIN 1G1YY2183H5103156
 
One 1984 Ford Bronco, VIN 1 FMCU 14S43UA55226

 The bank accounts in question are as follows:

 
Account Number 039-272-4 at the First National Bank of Dolton, IL in the ...

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