IN RE 1994 CHEVROLET CAVALIER

No. 96-460.

142 N.H. 705 (1998)

IN RE 1994 CHEVROLET CAVALIER VIN 1G1JF14T7R7112126 NEW HAMPSHIRE REGISTRATION AWT291

Supreme Court of New Hampshire.

March 26, 1998.


Attorney(s) appearing for the Case

Philip T. McLaughlin, attorney general (Mark S. Zuckerman, senior assistant attorney general, on the brief and orally), for the State.

Kinghorn & Maynard, PA., of Nashua (Steven L. Maynard on the brief, and Eric R. Wilson orally), for the party in interest, Richard A. Falardeau.


BRODERICK, J.

The Superior Court (Gray, J.) dismissed the State's petition for forfeiture, see RSA 318-B:17-b (1995) (amended 1995), on double jeopardy grounds pursuant to the State and Federal Constitutions. The State appeals, arguing that statutory in rem forfeiture constitutes neither punishment nor a sanction for the same offense for purposes of double jeopardy. We reverse and remand.

On February 21, 1995, the police seized approximately...

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