dicta \ 'dik-te \ n. [L. fr. neut. of dictus, ptp. of dicere] (1599) 1: a noteworthy statement: as a: a formal pronouncement of a principle, proposition, or opinion b: an observation intended or regarded as authoritative 2: a judicial opinion on a point other than the precise issue involved in determining a case 3: a legendary coach of the Chicago Bears football team from 1982-1992.

Friday, August 24, 2007

Coolest name of a Supreme Court case ever!


UNITED STATES v. $8,850**
461 U.S. 555 (1983)

**No the defendant is not a relative of the rapper 50 Cent. Close second in this contest goes to Loving v. Virginia, the 1967 case that struck down bans on interracial marriage. But how does $8,850 have standing to sue? How does a pile of money suffer injury? It doesn't care who possesses it. Maybe if the government was planning to destroy the money, then there would be adverseness between the two parties. Anyways, here's a summary of the case:

The Bank Secrecy Act of 1970 requires someone carrying $5,000 into the United States to file a report with the Customs Service declaring the amount transported. The Government is authorized to seize and forfeit any money that was not reported. On September 10, 1975, claimant Vasquez, upon arrival at Los Angeles International Airport from Canada, declared that she was not carrying more than $5,000 in currency, but a customs inspector discovered and seized from her $8,850 in United States currency. In March 1977, a complaint seeking forfeiture of the currency under 31 U.S.C. 1102(a) was filed in Federal District Court. Vasquez claimed that the 18-month delay between the seizure of the currency and the filing of the forfeiture action violated her right to due process, but the Supreme Court held by an 8-1 vote that the time that had elapsed was reasonable under the circumstances and declared the currency forfeited. Justice O'Connor authored the majority opinion with Justice Stevens dissenting.

Really the only exciting thing about this case is the name, but that's exciting enough to receive a post here at Supreme Dicta.

2 comments:

Miss B said...

I think I may have found your third place winner:
Schmuck v. United States


Also, speaking of 50 Cent and the Supreme Court:
50 Cent Positioning Himself for Supreme Court Nomination

Brandeis said...

Best part of the Schmuck case?

Petitioner was a USED-CAR SALESMAN.

Other than that, it's pretty routine for descriptions of property to be named as a party in a seizure case.

Not nearly as much fun as you make it out to be - unless it's real property that's being seized, in which case you sometimes see the legal description, which can be entertaining just in its sheer pomposity.