STATE v. TERRY

No. 91-524.

621 A.2d 1285 (1993)

STATE of Vermont v. David S. TERRY.

Supreme Court of Vermont.

January 15, 1993.


Attorney(s) appearing for the Case

Thomas M. Kelly, Drug Prosecutor, State's Attys. and Sheriffs Dept., Montpelier, for plaintiff-appellee.

David J. Williams of Sleigh & Williams, St. Johnsbury, for defendant-appellant.

Jeffrey L. Amestoy, Atty. Gen., and Susan R. Harritt, Asst. Atty. Gen., Montpelier, for amicus curiae Office of Atty. Gen.

Before ALLEN, C.J., GIBSON, DOOLEY, MORSE and JOHNSON, JJ.


GIBSON, Justice.

Defendant appeals a decision of the Vermont District Court denying his motion for return of property brought pursuant to V.R.Cr.P. 41(e) and 57. He requests return of $2,820 that was seized from his person by Vermont state law enforcement officers at the time of his arrest but was subsequently the subject of a federal forfeiture proceeding. We affirm.

On March 2, 1989, the Vermont State Police executed a search warrant at the home of defendant...

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