State v. One (1) Porsche 2-Door, I.D. No. 911211026, Title No. PP10026F Bearing Kansas License Plate No. JOR 1652

HENRIOD, Justice:

One Price, owner of a Porsche automobile, valued at $10,000, was stopped and arrested for speeding, possession of a controlled substance and driving while under the influence of alcohol. He was charged with possession. There is nothing in the record to indicate what disposition was made of that charge.

Nonetheless, after the arrest and apparently before the charge was filed, the car was turned over to the State for forfeiture.

The section of the statute under which this forfeiture was accomplished, Title 58-37-13(1) (e), Utah Code Annotated 1953, either is invalid or…