STATE v. ONE 1978 CHEVROLET CORVETTE

No. 54,575

8 Kan. App. 2d 747 (1983)

667 P.2d 893

STATE OF KANSAS, Appellant/Cross-Appellee, v. ONE 1978 CHEVROLET CORVETTE VIN #1Z87L8S437138.

Court of Appeals of Kansas.

Opinion filed August 11, 1983.


Attorney(s) appearing for the Case

Kyle G. Smith, assistant county attorney, Rodney H. Symmonds, county attorney, and Robert T. Stephan, attorney general, for the appellant/cross-appellee.

Neil Roach, of Roach and Mellinger, P.A., of Emporia, for the appellee/cross-appellant Frederick Rodriguez.

Before FOTH, C.J., SPENCER and PARKS, JJ.


FOTH, C.J.:

This is an in rem proceeding under K.S.A. 65-4135 to forfeit a 1978 Chevrolet Corvette which had been used to transport marijuana for sale. The primary question is whether, after a forfeiture proceeding is instituted, a person with actual knowledge of its pendency may acquire a security interest in the subject matter of the proceeding which will be superior to the interests of the law enforcement agency which instituted the proceeding. The trial court...

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