Ada Co Prosecuting Atty v. William Scott Demint

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 substances, paraphernalia, and money. Following DeMint’s arrest, Ada County filed an in rem complaint alleging DeMint’s vehicle and all items found therein were subject to forfeiture pursuant to I.C. § 37-2744(d)(1). Additionally, Ada County alleged that $9,415.64 in DeMint’s…