Legal Opinion
Cruz v. Grant County Sheriff's Office
Court of Appeals of Washington
Decided June 7, 1994No. 12839-3-IIIPublishedCited by 5 opinions
1Opinion of the CourtSchultheis, J.
In this forfeiture case, the court found Grant County Sheriffs Office (GCSO) produced insufficient evidence that the vehicle it seized was (1) used to facilitate a sale, delivery or receipt of a controlled substance or (2) purchased with proceeds traceable to a controlled substance exchange. GCSO appeals the court’s order to surrender the vehicle to its owner, Jose Alfredo Cruz. Because we conclude the court applied the wrong burden of proof at the forfeiture hearing, we vacate the order and remand.
In April 1991 GCSO seized two vehicles belonging to Mr. Cruz, a 1979 Camaro Z-28 and a 1986…
2Cases cited5 opinions
- State v. SeagullWashington Supreme Court · 1981
- Rozner v. City of BellevueWashington Supreme Court · 1991
- State v. PattersonWashington Supreme Court · 1973
- Tellevik v. Real Property Known as 31641Washington Supreme Court · 1992
- State v. HutsellWashington Supreme Court · 1993
3Cited by5 opinions
- Escamilla v. Tri-City Metro Drug Task ForceCourt of Appeals of Washington · 2000
- Escamilla v. Tri-City Metro Drug Task ForceCourt of Appeals of Washington · 2000
- Valerio v. Lacey Police DepartmentCourt of Appeals of Washington · 2002
- Valerio v. Lacey Police Dept.Court of Appeals of Washington · 2002
- Adams County v. 1978 BLUE FORD BRONCOCourt of Appeals of Washington · 1994