MATTER OF ONE 1974 MERCEDES BENZ, ETC.

No. 1 CA-CIV 3877.

121 Ariz. 549 (1979)

592 P.2d 383

In the Matter of ONE 1974 MERCEDES BENZ, I.D. NO. 10704412016141, LICENSE NO. TMP-363. Paul Lee ZISSER, Appellant, v. STATE of Arizona, Appellee.

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

March 1, 1979.


Attorney(s) appearing for the Case

Debus, Busby & Green by Jordan Green, Robert J. Lyman, Phoenix, for appellant.

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


OPINION

JACOBSON, Presiding Judge.

The basic issue raised by this appeal from the forfeiture of a vehicle used in a narcotics violation is whether the denial of a motion to suppress evidence, based upon an allegedly illegal search and seizure in the underlying criminal action operates as a bar, under the principles of collateral estoppel, to relitigating the legality of the search and seizure in the forfeiture proceedings.

The facts necessary to decide...

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