NCJ Number
126424
Journal
Notre Dame Law Review Volume: 65 Issue: 4 Dated: (1990) Pages: 853-871
Date Published
1990
Length
19 pages
Annotation
Until the Fourth Circuit handed down its "In re Metmor" decision in 1987, no other Federal appellate court had confronted the issue of awarding or denying post-seizure interest to an innocent owner under the Drug Control Act.
Abstract
The issue is significant to many aspects of the legal system today because it confronts the issues of property rights and property interests, as well as society's current war against drugs. The "In re Metmor" court's decision invites a comprehensive examination of an innocent owner's right to post-seizure interest, which is sure to come soon. The "In re Metmor" court correctly determined that an innocent owner's interest should be protected to its fullest extent. The court's decision holds true to the legislative intent behind the Comprehensive Drug Abuse Prevention and Control Act and attends to Congress' concern with the plight of the innocent owner in society's war on drugs. In the future, courts should follow the lead of "In re Metmor" in upholding an innocent owner's statutorily protected interest and abandon the misguided approach of the "One Piece" court. 109 notes