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RICHARDSON v. ONE 1972 GMC PICKUP

No. 18924.

826 P.2d 1311 (1992)

121 Idaho 599

Mack W. RICHARDSON, Jr., Director, Department of Law Enforcement of the State of Idaho, Plaintiff-Respondent, v. ONE 1972 GMC PICKUP; $2,000 United States Currency; 1-357 Smith & Wesson Handgun; 1 — Remington Model 870 Sawed Off Shotgun, Defendants-Appellants, and James Peterson, Real Party in Interest-Appellant.

Supreme Court of Idaho, Boise, October 1991 Term.

February 28, 1992.

Attorney(s) appearing for the Case

Everett D. Hofmeister, Coeur d'Alene, for defendants-appellants.

Larry J. EchoHawk, Idaho Atty. Gen., W. Corey Cartwright, Deputy Atty. Gen., (argued), Boise, for plaintiff-respondent.

BOYLE, Justice.

This is an action brought by the Department of Law Enforcement pursuant to the forfeiture provisions of the Idaho Uniform Controlled Substances Act, particularly I.C. § 37-2744. On May 17, 1991, James Peterson was stopped by a city of Sandpoint police officer after Peterson's vehicle was observed crossing the center line. After a field sobriety test, Peterson was arrested for driving under the influence. In a search of Peterson's vehicle pursuant...

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