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STATE EX REL. ROONEY v. ONE 1977 SUBARU TWO DOOR, VIN A26L-910, 450

No. 16817.

753 P.2d 254 (1988)

114 Idaho 43

STATE of Idaho, ex rel., John ROONEY, Director of the Department of Law Enforcement of the State of Idaho, Plaintiff-Respondent, v. ONE 1977 SUBARU TWO DOOR, VIN A26L-910, 450, and Ten Thousand Three Hundred Dollars, United States Currency, Defendant, and Mitchell Campbell, Defendant-Appellant.

Supreme Court of Idaho.

March 31, 1988.

Attorney(s) appearing for the Case

Lynn, Scott & Hackney, Boise, for defendant-appellant. Gar Hackney (argued).

Jim Jones, Atty. Gen., Tyra Hansen Stubbs (argued), Deputy Atty. Gen., Boise, for plaintiff-respondent.

BAKES, Justice.

The State of Idaho initiated civil forfeiture proceedings against claimant Campbell's 1977 Subaru automobile and $10,300, U.S. currency, alleging that the auto was used by Campbell to deliver controlled substances, and that the $10,300 was found, during a constitutionally authorized search of Campbell's home, in close physical proximity to contraband controlled substances. The trial court entered a judgment forfeiting both the auto and the money. Campbell...

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