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SAVELY v. UTAH HIGHWAY PATROL

No. 20170266.

427 P.3d 1174 (2018)

2018 UT 44

Kyle SAVELY, Appellant, v. UTAH HIGHWAY PATROL and Utah Department of Public Safety, Appellees.

Supreme Court of Utah.

Filed August 22, 2018.

Attorney(s) appearing for the Case

James C. Bradshaw , Ann M. Taliaferro , Salt Lake City, for appellant.

Sean D. Reyes , Att'y Gen., Tyler R. Green , Solic. Gen., Mark E. Burns , Asst. Att'y Gen., Stanford E. Purser , Deputy Solic. Gen., Salt Lake City, for appellees.

Adam R. Pomeroy , Lehi, for amicus curiae Libertas Institute.

John W. Huber , Adam S. Elggren , Salt Lake City, for amicus curiae United States of America.

Having recused herself, Justice Petersen does not participate herein; District Court Judge Lynn W. Davis sat.

INTRODUCTION

¶ 1 The Utah Highway Patrol and Utah Department of Public Safety (collectively UHP) seized nearly $500,000 from Kyle Savely under the Forfeiture and Disposition of Property Act (Act). Over the next seventyfive days, the money sat in a UHP bank account and no forfeiture proceedings...

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