MATTER OF ONE 1969 CHEV. 2-DOOR, ETC.

No. 1 CA-CIV 3844.

121 Ariz. 532 (1979)

591 P.2d 1309

In the Matter of ONE 1969 CHEVROLET 2-DOOR, I.D. NO. 136379K430353, LICENSE NO. PSH-616. Carl MOORE, Appellant, v. STATE of Arizona, Appellee.

Court of Appeals of Arizona, Division 1, Department B.

February 27, 1979.


Attorney(s) appearing for the Case

Maricopa County Legal Aid Society by William E. Miller, Timothy M. Hogan and William G. Poach, Jr., Phoenix, for appellant.

Charles F. Hyder, Maricopa County Atty. by Daniel F. McIlroy, Deputy County Atty., Phoenix, for appellee.


OPINION

JACOBSON, Judge.

This appeal from an order forfeiting an automobile pursuant to A.R.S. § 36-1041, requires a determination of whether a plea agreement which results in the dismissal of the underlying criminal prosecution precludes forfeiture of the vehicle involved in that criminal prosecution, and if not, whether the search of the vehicle violated the 4th Amendment to the U.S. Constitution, thus voiding the forfeiture.

The facts taken...

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