USA v. Kilauea, Hawaii, 6238 Kahiliholo Rd., #C et al

Filing 15

[Order Vacated, See endorsed order entered 6/3/2011.] ORDER denying 14 Motion for Writ of Entry. So Ordered by Judge Paul J. Barbadoro. (jna) Modified on 6/3/2011 to add text in brackets. (jab).

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

United States of America
v.

Case No. 11-cv-57-PB

Land and Buildings Located at
6238 Kahiliholo Rd., Kilauea,
Hawaii, et al.

O R D E R

On April 22, 2011, I issued an Order requiring the
government to explain “in detail why the court has the authority
to issue the requested writs of entry.”

I issued this Order

after denying an earlier request for the issuance of a warrant
that was implicit in the original complaint for forfeiture.

The

government has filed an inadequate response to my April 22, 2011
Order.

In particular, the government has failed to explain why

a search conducted pursuant to a writ of entry is not a search
subject to the requirements of the Fourth Amendment.

To the

extent that the government’s position is that the amended
forfeiture complaint establishes probable cause to justify the
search, it has also failed to explain why this is so.
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While the requested writ may well be warranted, I am
entitled to require the government to justify its request for
the relief it seeks.

The government’s failure to satisfactorily

explain its position requires the denial of its request.
This Order shall be brought to the attention of the United
States Attorney.
SO ORDERED.

/s/Paul Barbadoro
Paul Barbadoro
United States District Judge

June 3, 2011
cc:

Robert J. Rabuck, AUSA
John P. Kacavas, USA

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