No. 19-6973

Taiwan Wiggins, et al. v. United States

Lower Court: Sixth Circuit
Docketed: 2019-12-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof civil-forfeiture civil-procedure civil-rights constitutional-rights due-process fifth-amendment standing warrantless-seizure
Key Terms:
FifthAmendment DueProcess FourthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2020-01-24
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

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

Docket Entries

2020-01-27
Petition DENIED.
2020-01-09
DISTRIBUTED for Conference of 1/24/2020.
2020-01-02
Waiver of right of respondent United States of America to respond filed.
2019-10-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 16, 2020)

Attorneys

Taiwan Wiggins, et al.
James R Willis — Petitioner
James R Willis — Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent