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N.M. STATE POLICE v. 1978 BUICK, LESABRE

No. 10,505.

775 P.2d 1329 (1989)

108 N.M. 612

STATE of New Mexico ex rel. the NEW MEXICO STATE POLICE DEPARTMENT, Plaintiff-Appellee, v. ONE 1978 BUICK, LESABRE, BLUE, BEARING IOWA LICENSE NUMBER PBG-114, VIN NUMBER: 4N37Y8X-152686, and $25,700.00 United States Currency, Defendants-Appellants.

Court of Appeals of New Mexico.

May 18, 1989.

Attorney(s) appearing for the Case

Denise M. Glore, Albuquerque, for defendants-appellants.

Hal Stratton, Atty. Gen., Albert Roland Fugere, Sp. Asst. Atty. Gen., Deputy Counsel, Dep't of Public Safety Santa Fe, for plaintiff-appellee.

Bradford V. Coryell, Montgomery & Andrews, P.A., Santa Fe, amicus curiae, New Mexico Defense Lawyers Ass'n.

William H. Carpenter, Chairman, Amicus Committee, New Mexico Trial Lawyers Ass'n, Carpenter & Goldberg, Michael B. Browde, Albuquerque, amicus curiae, New Mexico Trial Lawyers Ass'n.

OPINION

HARTZ, Judge.

George Kinshaw (Kinshaw) appeals a default judgment entered against him in a suit brought by the state to forfeit an automobile and cash pursuant to the New Mexico Controlled Substances Act, NMSA 1978, Sections 30-31-1 to 30-31-41 (Repl. Pamp. 1987) (the Act). The state sought the default because of Kinshaw's allegedly improper invocation of privileges, primarily the privilege against self...

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