State v. McFarlin

HARRIS, Justice.

One of the most familiar and cherished of all constitutional rights is the one that, under the fifth amendment of the federal Constitution, protects citizens from being “twice put in jeopardy of life or limb.” The same right is similarly protected under article I section 12 of our own Constitution (“[n]o person shall after acquittal, be tried for the same offense”). Prosecutors in this case brought a civil forfeiture proceeding to seize contraband (marijuana) and a small amount of cash (eighty-six dollars) thought to be proceeds from drug sales. The defendant spurned any…