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CLACKAMAS COUNTY v. 102 MARIJUANA PLANTS

CC 91-8-420; CA A80206; SC S42033.

920 P.2d 149 (1996)

323 Or. 680

CLACKAMAS COUNTY, a political subdivision of the State of Oregon, Respondent on Review, v. 102 MARIJUANA PLANTS; Real Property Located at 12433 Se Alchar Drive, Milwaukie, Oregon; 1988 Honda Accord Automobile, Oregon License Number NWP-623; Tanfoglio 9 Millimeter Handgun, Serial Number G15025, in Carrying Case with Magazine; Ruger 6 Inch Blued 44 Magnum Handgun, Serial Number 8590276, with Box of Ammunition; Hi Standard 22 Caliber Revolver, Serial Number M013361, in Leather Holster, Defendants In Rem, and Douglas E. STEELE, Petitioner on Review.

Supreme Court of Oregon.

Decided July 25, 1996.

Attorney(s) appearing for the Case

Jenny Cooke, Portland, argued the cause for petitioner on review. Wm. David Falls, Oregon City, filed the petition.

R. Daniel Lindahl, of Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland, argued the cause and filed the brief for respondent on review.

Robert M. Atkinson, Assistant Attorney General, Salem, filed a brief on behalf of amicus curiae State of Oregon. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Shaun S. McCrea, of McCrea, P.C., Eugene, filed a brief on behalf of amicus curiae Oregon Criminal Defense Lawyers Association.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, and DURHAM, JJ.

FADELEY, Justice.

In this forfeiture case, the trial court interpreted Oregon Laws 1989, chapter 791, to require that certain factual conditions be established before that statute permits forfeiture of real and personal property that is not contraband per se. The issues presented are whether those statutes, properly interpreted, require either (1) proof of financial benefit from the prohibited activity or (2) proof that properties to be forfeited were derived...

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