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Legal Opinion

People v. Superior Court (Drummer)

California Court of Appeal

Decided April 12, 1988No. B033219PublishedCited by 4 opinions

1Opinion of the Court

Opinion

THE COURT. *

The issue raised by this mandate petition is whether Health and Safety Code section 11488.2 establishes a 15-day statute of limitations for the filing of a petition for forfeiture of currency alleged to be the proceeds of drug trafficking. The Legislature has since specified a one-year statute of limitations. (Health & Saf. Code, § 11488.4, subd. (a), effective Sept. 22, 1987.) This new provision, however, will expire on Janu ary 1, 1989, unless the Legislature acts anew. (Id, § 11488.4, subd. (/).) Section 11488.2 has not been repealed or amended.

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2Cases cited2 opinions

  1. Palma v. U.S. Industrial Fasteners, Inc.California Supreme Court · 1984
  2. Guerra v. United StatesDistrict Court, C.D. California · 1986

3Cited by4 opinions

  1. People v. Property Listed in Exhibit OneCalifornia Court of Appeal · 1991
  2. People v. $6,500 United States CurrencyCalifornia Court of Appeal · 1989
  3. People v. Ten $500 Barclays Bank Visa Traveler's ChecksCalifornia Court of Appeal · 1993
  4. United States v. $639,470.00 U.S. CurrencyDistrict Court, C.D. California · 1996

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