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MATTER OF WAGNER

No. 91-17.

482 N.W.2d 160 (1992)

In the Matter of Property Seized from Keith Joseph WAGNER and Rachael A. Wagner, Stacy Wagner, Appellee, State of Iowa, Appellant.

Supreme Court of Iowa.

March 18, 1992.

Attorney(s) appearing for the Case

Corliss C. Baty, Maquoketa, for appellee.

Bonnie J. Campbell, Atty. Gen., Thomas G. Fisher, Jr., Mark Joel Zbieroski, and Patrick J. Reinert, Asst. Attys. Gen., and Philip Tabor, County Atty., for appellant.

Considered by McGIVERIN, C.J., and HARRIS, SCHULTZ, CARTER and SNELL, JJ.

SCHULTZ, Justice.

The issue in this appeal concerns the ownership of currency seized by police from a drug dealer. The police department was garnished by a judgment creditor of the drug dealer after seizure of the currency but before the State gave notice of forfeiture. The trial court ruled that title to derivative contraband does not vest in the State by virtue of seizure alone, and that the creditor acquired a superior lien on the currency by garnishing the police...

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