STATE v. McFARLIN

No. 95-37.

542 N.W.2d 559 (1996)

STATE of Iowa, Appellant, v. Che Ethan McFARLIN, Appellee.

Supreme Court of Iowa.

January 17, 1996.


Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Bridget A. Chambers, Assistant Attorney General, J. Patrick White, County Attorney, and David V. Tiffany, Assistant County Attorney, for appellant.

Leon F. Spies of Mellon & Spies Attorneys, Iowa City, for appellee.

Considered by HARRIS, P.J., and CARTER, LAVORATO, SNELL, and ANDREASEN, JJ.


HARRIS, Justice.

One of the most familiar and cherished of all constitutional rights is the one that, under the fifth amendment of the federal Constitution, protects citizens from being "twice put in jeopardy of life or limb." The same right is similarly protected under article I section 12 of our own Constitution ("[n]o person shall after acquittal, be tried for the same offense"). Prosecutors in this case brought a civil forfeiture proceeding to seize contraband...

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