ADA COUNTY PROSECUTING ATTORNEY v. DEMINT

Docket No. 44026.

385 P.3d 897 (2016)

ADA COUNTY PROSECUTING ATTORNEY, Plaintiff-Appellant, v. William Scott DEMINT, Party Aggrieved-Respondent, and 1998 Ford F15, VIN 1FTRX18L9WKB27754; Twelve Thousand Seven Hundred Ninety-Four Dollars ($12,794.00) United States Currency; Nine Thousand Four Hundred Fifteen and 64/100 Dollars ($9,415.64) United States Currency; Approximately Four Hundred Forty-One and Forty-Seven Hundredths (441.47) Grams Methamphetamine; Approximately Twelve and Seventy-Nine-Hundredths (12.79) Grams Marijuana; Ten (10) 16-mg Pills Hydromorphine; One (1) Taurus Millennium 9-mm Handgun, Model PT111, Serial No. TSC27053, with One (1) Magazine of Ten (10) Rounds 9-mm Ammunition; Two (2) Folding Knives; One (1) Vipertek Taser; One (1) Digital Scale with Residue and Black Case; Four (4) Digital Scales in Boxes; One (1) Green Metal Container; One (1) Orange Mesh Bag; One (1) Red Mesh Bag; One (1) Black Mesh Bag; One (1) Blue Chase Bank Bag; Various Plastic Ziploc Bags; Two (2) Glass Pipes with Burnt Residue; One (1) Small Metal Smoking Pipe with Burnt Residue; Ten (10) Glass Bongs; and Thirty-One (31) Glass Pipes, Defendants.

Court of Appeals of Idaho.

Filed: November 9, 2016.


Attorney(s) appearing for the Case

Jan M. Bennetts , Ada County Prosecuting Attorney; Catherine A. Freeman , Deputy Prosecuting Attorney, Boise, for appellant.

Mauk, Miller & Hawkins, LLC; Joseph C. Miller , Boise, for respondent.


The Ada County Prosecuting Attorney appeals from judgment in a civil forfeiture action in favor of William Scott DeMint. For the reasons set forth below, we vacate the judgment and remand.

DeMint was stopped for speeding and failure to signal on August 20, 2014. A subsequent search of DeMint's vehicle revealed controlled...

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