and in the absence of such proof the evidence was admissible. Ibid.
The immunity of the Fourth Amendment may not be invoked by the claimants because they were not the victims of the unlawful search and seizure. The immunity is personal and may be invoked only by the person whose rights are invaded. United States v. Walker, 2 Cir., 197 F.2d 287; Id., 2 Cir., 190 F.2d 481; Curry v. United States, 5 Cir., 192 F.2d 571; Jeffers v. United States, 88 U.S.App.D.C. 58, 187 F.2d 498, 500, and the cases therein cited; United States v. One Buick Automobile, D.C., 21 F.2d 789. The rule is particularly applicable to the corporate claimant. United States v. White, 322 U.S. 694, 64 S. Ct. 1248, 88 L. Ed. 1542; Wilson v. United States, 221 U.S. 361, 31 S. Ct. 538, 55 L. Ed. 771; Hale v. Henkel, 201 U.S. 43, 26 S. Ct. 370, 50 L. Ed. 652. The claimant Jefferson Credit Corporation was the owner of the vehicle, but at the time of the search and seizure the vehicle was in the possession of another, McIntosh. The unlawful search and seizure was, therefore, a violation of only his rights. Ibid.
The immunity of the Fifth Amendment to the Constitution may not be invoked because this is not a 'criminal case' within the meaning of that amendment. This is essentially a civil proceeding which has for its object the forfeiture of a vehicle which, under the Act of August 9, 1939, supra, is subject to seizure and forfeiture as the offender. The right of the Government to enforce the forfeiture, as heretofore stated, is not dependent upon the criminal culpability of either the owner of the vehicle or the person in possession of it.
We are of the opinion that the rule enunciated by the Supreme Court in the case of Dobbins Distillery v. United States, 96 U.S. 395, at page 399, 24 L. Ed. 637, is determinative of the nature of the proceeding. It is therein stated: 'Cases arise, undoubtedly, where the judgment of forfeiture necessarily carries with it, and as part of the sentence, a conviction and judgment against the person for the crime committed; and in that state of the pleadings it is clear that the proceeding is one of a criminal character; but where the information, as in this case, does not involve the personal conviction of the wrongdoer for the offence charged, the remedy of forfeiture claimed is plainly one of a civil nature; as the conviction of the wrongdoer must be obtained, if at all, in another and wholly independent proceeding.' See also Various Items of Personal Property v. United States, 282 U.S. 577, 580, and 581, 51 S. Ct. 282, 75 L. Ed. 558; Goldsmith, Jr.-Grant Co. v. United States, 254 U.S. 505, 511, 41 S. Ct. 189, 65 L. Ed. 376, and the cases therein cited. Compare Boyd v. United States, 116 U.S. 616, 6 S. Ct. 524, 29 L. Ed. 746. An examination of the latter case discloses, however, that the Court construed a statute under which the forfeiture was exacted as an additional penalty and the right to enforce it was dependent upon the criminal culpability of the claimant.
A decree of forfeiture, in favor of the libelant and against the vehicle, may be entered for the reasons herein stated.
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