Legal Opinion · Dissent

State v. Dykes

Supreme Court of Iowa

Decided June 19, 1991No. 89-1506Published

1DissentLavorato, Justice

In Kaster we held that property can be forfeited for the violation of a simple misdemeanor. In re Kaster, 454 N.W.2d 876, 878-79 (Iowa 1990). By that decision we put ourselves in a position appellate courts dread: sanctioning an unconscionable and absurd result.

Today we hold that a motor vehicle can be forfeited because its owner used it while in possession of a controlled substance. *849See Iowa Code §§ 204.401(3) (possession of a controlled substance), 809.1(2)(b) (defining forfeitable property as any property used or intended to be used to facilitate commission of a criminal offense).…

2Cases cited5 opinions

  1. State v. ONE 1972 PONTIAC GRAND PRIX, ETC.South Dakota Supreme Court · 1976
  2. State v. One (1) Porsche 2-Door, I.D. No. 911211026, Title No. PP10026F Bearing Kansas License Plate No. JOR 1652Utah Supreme Court · 1974
  3. In Re Property Seized From RushSupreme Court of Iowa · 1989
  4. Matter of KasterSupreme Court of Iowa · 1990
  5. Richmond v. StateSupreme Court of Iowa · 1990

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