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Cavaliere v. Town of North Beach9/2/1994
(4th Cir. 1990); United States v. Certain Real Property, 986 F.2d 990 (6th Cir. 1993); People v. Martinez, 151 Misc. 2d 641, 574 N.Y.S.2d 467 (Sup. 1991); compare Scarabin v. Drug Enforcement Admin., 966 F.2d 989 (5th Cir. 1992), where, through some not-so-clever legerdemain, DEA "outfoxed" itself and ended up with property other than that which had been seized.
It is true, of course, that, if a State or local police official chooses to seek forfeiture of property under State law, the official must comply with the requirements of § 297. We find nothing in that section, however, or in any other State law, that requires the official to seek forfeiture under the State law or that precludes use of the Federal law in accordance with applicable Federal regulations and guidelines. Notwithstanding that appellant's vehicle was apparently still stored at the town garage when she filed her petition for mandamus, the fact is that, at that point, DEA had already adopted the seizure, assumed jurisdiction over the vehicle, and commenced Federal forfeiture proceedings of which appellant was aware. It would have been inappropriate for the circuit court to interfere with the pending Federal proceeding by returning the vehicle to appellant, and, as we find no impropriety in the
town's request for adoptive seizure, appellant has no claim for damages against the town.
JUDGMENT AFFIRMED; APPELLANT
TO PAY THE COSTS.
Disposition
JUDGMENT AFFIRMED; APPELLANT TO PAY THE COSTS.
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