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CONDON v. ONE 1985 BMW, 4 DOOR

No. 2133.

440 S.E.2d 895 (1994)

Charles Molony CONDON, as Solicitor, Ninth Judicial Circuit, Respondent, v. ONE 1985 BMW, 4 DOOR, VIN # WBAAE6403F0704170, Registered and Titled in the name of David F. McEvoy; One (1) Radio Shack Telephone, Serial Number 00755290 and Beverly Juanita Bones, Claimant, Appellant.

Court of Appeals of South Carolina.

Decided February 7, 1994.

Rehearing Denied March 16, 1994.

Attorney(s) appearing for the Case

Fletcher M. Johnson, Jr., Charleston, for appellant.

Lee Berlinsky, of Ninth Circuit Solicitor's Office, North Charleston, for respondent.

GOOLSBY, Judge:

In this in rem forfeiture action brought pursuant to S.C.Code Ann. § 44-53-520 (Supp.1992), the owner of the Defendant BMW, Beverly Juanita Bones (Bones), alleges the trial court erred in finding the BMW was used to facilitate the sale of controlled substances. We reverse.

The North Charleston Police Department arranged through a confidential informant a purchase of a controlled substance from Maurice Keith Gregory. The purchase...

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