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STATE v. 1999 FORD F350 DIESEL PICKUP TRUCK

No. 31361-1-III.

331 P.3d 102 (2014)

STATE of Washington, DEPARTMENT OF FISH AND WILDLIFE, Appellant/Cross-Respondent, v. ONE 1999 FORD F350 DIESEL PICKUP TRUCK, and a Remington Model 77, 7mm Rifle, John R. Coon and Sabrina K. Coon, Respondent.

Court of Appeals of Washington, Division 3.

July 17, 2014.

Attorney(s) appearing for the Case

Michael Mackaman Young , Attorney General's Office, Olympia, WA, for Appellant/Cross-Respondent.

Stephen Thomas Graham , Law Office of Steve Graham, Spokane, WA, for Respondent.

KORSMO, J.

¶ 1 The Department of Fish and Wildlife (DFW) appeals from the dismissal of this forfeiture action, arguing that the statute allows it to seize an item for evidence and, later, move to forfeit the item due to its use in a crime. We agree and reverse and remand this action.

FACTS

¶ 2 A large whitetail buck was shot out of season in a field near highway 395 in Ferry County. A tip led DFW to investigate the matter on November 19...

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