State v. One Uzi Semi-Automatic 9mm Gun

CLIFFORD, Justice.

Dale and Lynn Sherrard appeal from an order of the Superior Court (Washington County, Alexander, J.) ordering forfeiture of eight items to the State pursuant to 15 M.R.S.A. § 5822 (Supp.1990). We affirm the judgment as to seven of the eight items ordered forfeited by the Superior Court. Because, however, the eighth item, an Uzi semi-automatic 9mm gun, was not seized in a lawful search and was not found to be used to defend, protect, guard or secure drugs or drug paraphernalia, it is not subject to forfeiture under the Maine forfeiture statute and we vacate the order of…