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ADA CTY. PROSECUTING ATTY. v. MOTORCYCLE

No. 39359.

298 P.3d 245 (2013)

ADA COUNTY PROSECUTING ATTORNEY, Plaintiff-Respondent-Appellant, v. 2007 LEGENDARY MOTORCYCLE, VIN 4B7H8469X35007098; Approximately Thirteen (13) Grams Methamphetamine; One (1) Motorola VGA Cell Phone; One (1) Black Vest; and One (1) Black Jacket, Defendants-Appellants-Respondents.

Supreme Court of Idaho, Boise, February 2013 Term.

March 26, 2013.

Attorney(s) appearing for the Case

Ada County Prosecuting Attorney, Boise, for appellant.

Sallaz & Gatewood, Chtd., Boise, for respondents.

BURDICK, Chief Justice.

This case arises from an Ada County district court's review on appeal of a magistrate court's decision regarding the civil forfeiture of a motorcycle and other items that belong to Christopher Rubey (Rubey). On April 22, 2009, Rubey was arrested and charged with possession of methamphetamine with intent to deliver. Subsequently, the Ada County Prosecutor's Office (State) brought this action under I.C. § 37-2744 for civil forfeiture of...

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