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IN RE U.S. CURRENCY ($39,500.00 DOLLARS)

No. 1 CA-CV 21-0060.

521 P.3d 631 (2022)

IN RE the Matter of: U.S. CURRENCY ($39,500.00 DOLLARS). State of Arizona, Plaintiff/Appellee, v. Jerry Johnson, Claimant/Appellant.

Court of Appeals of Arizona, Division 1.

Filed November 29, 2022.

Attorney(s) appearing for the Case

Maricopa County Attorney's Office, Phoenix, By Dallen Gardner , Counsel for Plaintiff/Appellee.

Diggs Law PLC, Phoenix, By Keith Everett Diggs , Co-Counsel for Claimant/Appellant.

Institute for Justice, Arlington, Virginia, By Dan Alban , Co-Counsel for Claimant/Appellant.

Martinet Law, Phoenix, By Philippe Martinet , Co-Counsel for Claimant/Appellant.

Goldwater Institute, Phoenix, By Stephen E. Silverman , Counsel for Amicus Curiae.

Presiding Judge Peter B. Swann delivered the opinion of the court, in which Judge David D. Weinzweig and Judge Paul J. McMurdie joined.

OPINION

¶1 This is an appeal from the superior court's orders denying Jerry Johnson's claim to $39,500 cash and entering a judgment of forfeiture. We reverse and remand because the court impermissibly considered whether there was probable cause for the forfeiture in finding that Johnson failed to meet his burden of proving...

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