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STATE v. ONE CERTAIN CONVEYANCE

No. 63218.

288 N.W.2d 336 (1980)

STATE of Iowa, Appellant, v. ONE CERTAIN CONVEYANCE: Year: 1976, Make: 28OZ Datsun, Color: Blue, No.: 81-FXK096, VIN #: HLS 3C-312327, Appellee.

Supreme Court of Iowa.

February 20, 1980.

Attorney(s) appearing for the Case

Lon R. Tullar, Sac County Atty., for appellant.

Thomas H. Treinen, Battle Creek, for appellee.

Considered en banc.

LARSON, Justice.

The State appeals from an adverse ruling on its petition for forfeiture of a conveyance allegedly used to transport a controlled substance. The trial court ruled that the circumstances of this case did not meet the statutory requirements for forfeiture. We agree and affirm.

On October 7, 1978, James Smeeten was stopped for erratic driving. He was taken into custody and charged with OMVUI. The motor vehicle was towed to the police station and...

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