Legal Opinion

In re United States Currency in the Amount of $315,900.00

Court of Appeals of Arizona

Decided August 22, 1995No. 2 CA-CV 94-0196PublishedCited by 32 opinions

1Opinion of the Court

OPINION

PELANDER, Judge.

This is an appeal from the trial court’s civil in rem order, entered following a contested evidentiary hearing, forfeiting to the state $313,5001 in currency found within appellant’s vehicle in close proximity to illegal drugs. Appellant presents several issues for review, including whether the inference supporting probable cause for forfeiture under A.R.S. § 13-4305(B),2 as applied by the trial court, is unconstitutional or otherwise impermissible under the facts of this case. For the reasons stated below, we reverse and remand on that ground with directions to dismiss…

2Cases cited35 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
  3. Leary v. United StatesSupreme Court of the United States · 1969
  4. United States v. James Daniel Good Real PropertySupreme Court of the United States · 1993
  5. One 1958 Plymouth Sedan v. PennsylvaniaSupreme Court of the United States · 1965

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3Cited by32 opinions

  1. Fragoso v. FellCourt of Appeals of Arizona · 2005
  2. In re United States Currency In Amount of $26,980.00Court of Appeals of Arizona · 2000
  3. State v. KorzuchArizona Supreme Court · 1996
  4. In re 1996 Nissan SentraCourt of Appeals of Arizona · 2001
  5. Games-Neely Ex Rel. West Virginia State Police v. 1175 Sam Mason Road Loacated in Mill Creek DistrictWest Virginia Supreme Court · 2002

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