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GUILLEN v. CONTRERAS

No. 82531-9.

238 P.3d 1168 (2010)

Jose GUILLEN; City of Sunnyside, Respondent, v. Lorena CONTRERAS, guardian of Jesus Jaime Torres, Jr., Appellant.

Supreme Court of Washington, En Banc.

Decided September 9, 2010.

Attorney(s) appearing for the Case

Todd V. Harms , Attorney at Law, Richland, WA, for Petitioner.

Kirk A. Ehlis , Anthony F. Menke , Quinn N. Plant , Menke Jackson Beyer Ehlis & Harper L.L.P., Yakima, WA, for Respondent.

Suzanne Lee Elliott , Attorney at Law, Robert Jonathan Wayne , Robert J. Wayne P.S. , Seattle, WA, amicus counsel for Washington Association of Criminal Defense Lawyers.

CHAMBERS, J.

¶ 1 Under Washington's civil forfeiture statute, law enforcement has the power to seize cash, property, and vehicles used in, or purchased with the proceeds from, drug dealing. RCW 69.50.505. Property owners have the right to challenge such seizures and, if they "substantially prevail[ ]," recover their costs and reasonable attorney fees. RCW 69.50.505(6). In this case, police seized a car and money that appeared to have been used in a drug transaction...

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