State ex rel. Rooney v. One 1974 Green Targa Porsche Automobile

BAKES, Justice.

This is an appeal by the State of Idaho from a district court order upholding a lien held by First Security Bank (bank) in a Porsche automobile. The auto is the subject of a forfeiture action by the State of Idaho. The district court held that the bank had a valid and perfected lien and ordered the Porsche released to the bank. We reverse.

The parties stipulated to the following facts. The state and First Security Bank claim ownership of a 1974 Porsche automobile. The state’s claim arises under I.C. § 37-2744, which allows forfeiture to the state of property used in drug…