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VALERIO v. LACEY POLICE DEPT.

No. 25955-9-II.

39 P.3d 332 (2002)

110 Wash.App. 163

Mark A. VALERIO, Appellant, v. LACEY POLICE DEPARTMENT and City of Lacey, Respondents.

Court of Appeals of Washington, Division 2.

February 1, 2002.

Attorney(s) appearing for the Case

Rodney Gene Franzen, Olympia, for Appellant.

William Dale Kamerrer, Olympia, Joseph M. Svoboda, Asst City Attorney, Lacey, for Respondents.

HUNT, J.

Mark A. Valerio appeals the RCW 69.50.505 forfeiture of $58,300 cash that was found in the trunk of his girlfriend's car and turned over to the City of Lacey Police Department. Valerio argues that (1) the forfeiture hearing was untimely; (2) the City failed to prove that he used or intended to use the money for an illegal drug business; and (3) RCW 69.50.505 is unconstitutionally overbroad as applied here. Finding no probable cause for forfeiture of the seized...

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