LINCOLN COUNTY v. 8 POUNDS OF MARIJUANA

93-5292; CA A84635.

893 P.2d 548 (1995)

133 Or. App. 654

LINCOLN COUNTY, a political subdivision of the State of Oregon, and Lincoln Interagency Narcotics Team, a law enforcement agency created by interagency agreement, Respondents, v. 8 POUNDS OF MARIJUANA, more or less; 40 Watt Sodium Grow Light; 3 Marijuana Smoking Devices; Glass Bottle with residue; 6 Green Duffle Bags; 3 Camouflage Jackets; 8 Camouflage Shirts; 4 Camouflage Pants; 3 Camouflage Hats; Camouflage Headnet; Camouflage Pack; Realistic Citizen's Band Radio, model TRC-216, serial # 543328; Phonemate Telephone Answer Machine, model 2650; Panasonic Television, serial # AR21390017; Panasonic Video Cassette Recorder, serial # G2SA14418; Panasonic Video Camera, serial # I1WA10703; 7 VHS Video Tapes; Technics Rack Stereo System, with 7 speakers; Homelite SXL Chainsaw, serial # HL2540055; 1990 Toyota Pickup, VIN # JT4RN01P4L0007199, bearing Oregon registration plate # SZE055; 1989 Chevrolet Camero, VIN # 1G1FP21E3KL172349, bearing Oregon registration plate # PVU770; 1984 Ford Ranger Pickup, VIN # 1FTBR11S1EUC26004, bearing Oregon registration plate # SMC064; 1981 Toyota Pickup, VIN # JT4RN48DOB0002955, bearing Oregon registration plate # SHX739; 1984 Kawasaki PGZ550 Motorcycle, VIN # JKAZXFA1XEA001908, bearing Oregon registration plate # M376493; Portland Area Phone Book, with hand written numbers; 3" × 5" Spiral Notebook; Papers, Books, Receipts, Notes, Checkbooks, Lists and Correspondence; $13,620 in U.S. Currency; $9,000 in U.S. Currency; $8,890 in U.S. Currency; $8,000 in U.S. Currency; $1,400 in U.S. Currency; $1,160 in U.S. Currency; $600 in U.S. Currency; $400 in U.S. Currency; Smith & Wesson .44 caliber magnum model 629 handgun, serial # BNZ9245; Marlin 30-30 rifle; Springfield 30-06 rifle; Mossberg 30-06 rifle with scope, serial # 898071; 30-06 Rifle Ammunition; Martin M44 bow with accessories, serial # 12-1-15-0; Ruger 7 mm magnum rifle, serial # 72-85258; Cougar Magnum bow with accessories, serial # 45214; Fireflight bow with accessories, serial # 558316; Kershaw "Golden Boar" Knife; and 3 Knives, Defendants in rem, and Randi Morlock, Appellant.

Court of Appeals of Oregon.

Decided April 12, 1995.


Attorney(s) appearing for the Case

James F. Callahan, Portland, argued the cause and filed the brief, for appellant.

Robert Bovett, Asst. County Counsel, argued the cause and filed the brief, for respondents.

Before DEITS, P.J., and De MUNIZ and ARMSTRONG, JJ.


De MUNIZ, Judge.

Claimant Randi Morlock appeals from a "Supplemental Judgment" denying attorney fees after a one-half interest in defendant 1981 Toyota pickup truck was released to her in an in rem forfeiture proceeding. Or.Laws 1989, ch. 791, as amended by Or.Laws 1991, ch. 934.1 We affirm.

On November 12, 1993, as a result of surveillance of an outdoor marijuana grow operation...

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