Taiwan Wiggins, et al. v. United States
FifthAmendment DueProcess FourthAmendment CriminalProcedure JusticiabilityDoctri
Where a DEA agent stops two air travelers, who had been cleared, to board their flights, and takes from them (in a warrantless seizure) a sum of money: can the government in a civil forfeiture case require them to prove lawful possession before the government proves the property was lawfully seized from them?
QUESTIONS PRESENTED FOR REVIEW I WHERE A DEA AGENT STOPS TWO AIR TRAVELS, WHO HAD BEEN CLEARED, TO BOARD THEIR FLIGHTS, AND TAKES FROM THEM (IN A WARRANTLESS SEIZURE A SUM OF MONEY: CAN THE GOVERNMENT IN A CIVIL FORFEITURE CASE REQUIRE THEM TO PROVE LAWFUL POSSESSION BEFORE THE GOVERNMENT PROVES THE PROPERTY WAS LAWFULLY SEIZED FROM THEM? I GIVEN SIMMONS V. UNITED STATES, 390 U.S. 377 (1968), IN WHICH THIS COURT RULED ONE DOES NOT HAVE TO SURRENDER ONE CONSTITUTIONAL RIGHT TO ASSERT ANOTHER: IF THAT IS SO CAN THE DISTRICT COURT DISMISS THE CLAIMS FILED BY THESE CLAIMANTS BECAUSE THEY FAILED TO PROVE THEIR LAWFUL POSSESSION OF THE MONIES TAKEN FROM THEM? I CAN THE DISTRICT COURT STRIKE A DULY FILED “CERTIFIED CLAIM” FILED IN A CIVIL FORFEITURE CASE SIMPLY BECAUSE THE CLAIMANTS ASSERTED THEIR FIFTH AMENDMENT RIGHT TO REFUSE TO ANSWER ANY QUESTIONS THE ANSWER TO WHICH THEY BELIEVED MIGHT INCRIMINATE THEM? ii STATEMENT OF