In Re One 1986 Pontiac Firebird

BERGER, Justice:

In this appeal, we consider the scope of the “innocent owner” defense to the forfeiture of an automobile used in the commission of certain drug offenses. Under the Delaware forfeiture statute, 16 Del.C. § 4784, a vehicle is not subject to forfeiture if the owner is able to establish that the vehicle was used unlawfully without the owner’s knowledge or consent. We hold that this innocent owner defense applies equally to an innocent co-owner of property, to the extent of the co-owner’s interest in the property. The Superior Court held that the innocent co-owner was entitled to…