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STATE v. 1971 GREEN GMC VAN

Nos. 59461 and 59635.

354 So.2d 479 (1977)

STATE of Louisiana v. 1971 GREEN GMC VAN. STATE of Louisiana v. ONE 1973 PONTIAC GRAND PRIX.

Supreme Court of Louisiana.

Rehearing Denied October 21, 1977.

Dissenting Opinion February 13, 1978.

Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Ossie B. Brown, Dist. Atty., Richard E. Chaffin, Marilyn C. Castle, Asst. Dist. Attys., for plaintiff-relator in 59461 and for plaintiff-appellant in 59635.

Joseph P. Brantly, IV, Baton Rouge, for defendant-respondent in 59461.

Robert W. Morgan, Baton Rouge, for defendant-appellee in 59635.

CALOGERO, Justice.

These two consolidated cases raise an issue of first impression: the constitutionality of the automobile forfeiture statute, La. R.S. 40:989(A)(4).1 Both trial judges have ruled in favor of releasing the vehicles at issue here.

The case involving the 1971 Green GMC van arose in the following manner. On October 14, 1976 at 11:15 p.m., officers of the Baton Rouge Police Department observed four young men standing...

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