State v. Eleven Thousand Three Hundred Forty-Six Dollars & No Cents in United States Currency

URBIGKIT, Justice,

specially concurring and dissenting.

I concur in this decision to affirm the summary judgment granted by the trial court except to the portion of the money identified to be “buy money,” which was provided by the police to agents who used it to purchase the illegal drugs.1 I would *71hold that the trial court erred as a matter of law because the marked and identifiable buy money, fourteen one hundred dollar bills, is contraband per se which is similar to the purchased drugs and not subject to return whether or not the seizure was illegal. Logically, that cash has a status similar…