9th Circuit Notes Split Re Whether Illegally Seized Property Must Be Suppressed when It Is the Object of a Forfeiture

Per U.S. v. $493,850.00 in U.S. Currency, --- F.3d ----, 2008 WL 659574 (9th Cir. Mar. 13, 2008):

We note that circuit courts are split on the issue whether and to what extent illegally seized property must be suppressed when it is the object of a forfeiture action. David B. Smith, Prosecution and Def. of Forfeiture Cases § 10.05[8] (2007) (noting that this issue may be dispositive when illegally seized res is currency); see also United States v. $557,933.89 in U.S. Currency, 287 F.3d 66, 80 (2d Cir.2002) (undecided); United States v. $36,634 in U.S. Currency, 103 F.3d 1048, 1052 n. 3 (1st Cir.1997), superseded on other grounds as stated in United States v. Lopez-Burgos, 435 F.3d 1, 2 (1st Cir.2006) (limited admissibility); United States v. $12,390 in U.S. Currency, 956 F.2d 801, 806 (8th Cir.1992) (admissible); United States v. $639,585 in U.S. Currency, 955 F.2d 712, 715 n. 5 (D.C.Cir.1992) (limited admissibility).