United States v. Parcel of Rumson, N. J., Land, 507 U.S. 111, 12 (1993)

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122

UNITED STATES v. PARCEL OF RUMSON, N. J., LAND

Opinion of Stevens, J.

illegal substances themselves and the instruments by which they were manufactured and distributed.17 The original forfeiture provisions of the 1970 statute had closely paralleled the early statutes used to enforce the customs laws, the piracy laws, and the revenue laws: They generally authorized the forfeiture of property used in the commission of criminal activity, and they contained no innocent owner defense. They applied to stolen goods, but they did not apply to proceeds from the sale of stolen goods. Because the statute, after its 1978 amendment, does authorize the forfeiture of such proceeds and also contains an express and novel protec-17 Section 511(a) of the 1970 Act, 84 Stat. 1276, provided: "The following shall be subject to forfeiture to the United States and no property right shall exist in them:

"(1) All controlled substances which have been manufactured, distributed, dispensed, or acquired in violation of this title.

"(2) All raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance in violation of this title.

"(3) All property which is used, or intended for use, as a container for property described in paragraph (1) or (2).

"(4) All conveyances, including aircraft, vehicles, or vessels, which are used, or are intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of property described in paragraph (1) or (2), except that—

"(A) no conveyance used by any person as a common carrier in the transaction of business as a common carrier shall be forfeited under the provisions of this section unless it shall appear that the owner or other person in charge of such conveyance was a consenting party or privy to a violation of this title or title III; and

"(B) no conveyance shall be forfeited under the provisions of this section by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than such owner while such conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States, or of any State.

"(5) All books, records, and research, including formulas, microfilm, tapes, and data which are used, or intended for use, in violation of this title."

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