Kansas Highway Patrol ex rel. Settle v. 1985 Chevrolet Astro Van VinIGCDM15NOFB177466

Pierron, J.:

In this civil forfeiture case, the Kansas Highway Patrol ex rel. Pawnee County Attorney John M. Settle (State), appeals the trial court’s decision returning a revolver and cash to the claimant, Don Gepner. We affirm.

On April 21, 1995, Trooper Michael Frederiksen of the Kansas Highway Patrol (KHP) stopped a 1985 Chevrolet Astro Van for improperly displaying a Kansas temporary tag. Theresa A. Gepner was driving and her husband, George Gepner, was in the passenger seat. Frederiksen detected an odor of marijuana coming from the vehicle. Theresa and George denied carrying any illegal…