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STATE v. ONE 1972 LINCOLN CONTINENTAL

12908.

295 N.W.2d 343 (1980)

STATE of South Dakota, Plaintiff and Appellant, v. ONE 1972 LINCOLN CONTINENTAL VIN 2Y89A824320, Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 13, 1980.

Attorney(s) appearing for the Case

Miles F. Schumacher, Asst. Atty. Gen., Pierre, for plaintiff and appellant; Mark V. Meierhenry, Atty. Gen., Pierre, Ken Pugh, Intern, Vermillion, on brief.

Thomas K. Wilka, Sioux Falls, for defendant and appellee.

FOSHEIM, Justice.

The State appeals from the order dismissing a vehicle forfeiture proceeding under the State Drugs and Substances Control Act. We affirm.

Police officers were called to investigate a car in a ditch west of Sioux Falls on January 24, 1979. They found the registered owner, Russell Roth, still inside the car.

Roth was arrested on an outstanding warrant for failure to return a warning ticket. As it appeared that he was intoxicated, Roth...

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