preview

Sixty Acres In Etowah County, Evelyn Ellis V.

Satisfactory Essays

Parties: The United States (Plaintiff) v. Sixty Acres in Etowah County, Evelyn Ellis, (Defendant) Facts: The Defendant Evelyn Ellis, the owner of the property in which the Federal Bureau of Investigation (FBI) and Alabama Bureau of Investigation (ABI) sieged during a joint Narcotics Task Force operation conducted a drug “buy and bust”. Her husband was convicted of selling drugs on the property. He was known for not only selling drugs, but his previous acts of violence, including murdering his previous wife. The government sieged the property in accordance with the statute that provided for civil forfeit of real property, unless the owner did not know or consent to any illegal activities going on her property. Prior Proceedings: A District Court in Alabama rule for the …show more content…

& 881(a) (7) on ordering forfeiting the defendant property. (2) Whether Evelyn Ellis was under duress (3) Whether Evelyn had knowledge or consent to the illegal activities Arguments or objectives of the parties: Plaintiff: The plaintiff believes that the defendant had knowledge of her husband illegal activities on her property; she had numerous opportunities get away, or call the police about her husband selling drugs and violence towards her. Defendant: The Defendant argued that she had no knowledge of her husband selling drugs on her property, nor did she consent to it; and that his history of violence had her under duress. Holding/Rule of Law: (1) The provision of Section 21 U.S.C. & 881(a) (7) requires that the government prove that the Defendant knowingly had knowledge that illegal activities were being conducted on her property. (2) The Appeals Court held that the District Court that the Defendant in according with provision of 21 U.S.C. &881(a) (7) had knowledge of the illegal activities on her property. This overturns the ruling for her to forfeit her property.

Get Access