rationale which leads to the diverse results is clear. Where an automobile is used to lessen the burden or to assist in the task of executing the illegal transaction, even though the drug is never in the automobile, it 'facilitates' the sale or transportation within the meaning of the statute; where, however, the automobile is not in actuality a part of the transaction it does not 'facilitate' within the meaning of the statute. The Oldsmobile in the instant case played a major role in the consummation of the illegal sale of narcotics. Its use by Short in transporting the parties to the exact point where the illegal act was completed in the automobile itself brings this case squarely within the holding of the Dodge Coupe case, supra.
The second defense is likewise without merit. The identical contention was advanced in the case of United States v. One 1952 Ford Victoria, D.C.Cal.1953, 114 F.Supp. 458, and was rejected. The court held that there is no significance in a time lapse between the actual illegal use of the car and the subsequent seizure of the car. Sanders v. United States, 5 Cir., 1953, 201 F.2d 158, is authority for the proposition that an officer of the United States, having seen property used in violation of the Internal Revenue laws, might return to the premises of the alleged owner on a later date and, even without warrant or writ, seize the property for an original violation. Judge Harris in his opinion in the Ford case, supra, held that forfeiture occurs when the car in illegally used and that physical repossession of the automobile by the Government may occur subsequently. Following the principles of law set forth in the above two cases, I must hold that the Government was within its rights when on March 18, 1953 it seized the Oldsmobile automobile used in the illegal transaction of December 12, 1952.
The statement of facts and conclusions of law set forth above may be considered as the Findings of Fact and Conclusions of Law of the Court in this case. Counsel for each party have presented requests for findings of fact and conclusions of law.
The Court affirms Plaintiff's Requests for Findings of Fact Nos. 1 to 6 inclusive and Conclusions of Law Nos. 1 to 9 inclusive.
The Court refuses Claimant's Requests for Findings of Fact Nos. 1, 2, 3, 5, 8 and 9; and affirms Requests Nos. 4, 6 and 7.
The Court refuses Claimant's requested Conclusions of Law Nos. 1, 3, 4 and 5; and affirms Request No. 2.
An order decreeing forfeiture of the Oldsmobile Sedan may be prepared and submitted by the United States Attorney.
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