Legal Opinion
State v. One 1983 Black Toyota Pickup, VIN JT4RN48S6D0065995
South Dakota Supreme Court
Decided November 18, 1987No. 15597PublishedCited by 5 opinions
1Opinion of the Court
MILLER, Justice.
This is an appeal from an order dismissing a vehicle forfeiture proceeding. We reverse and remand.
FACTS
David Earl (Earl), the owner of the 1983 black Toyota pickup, was arrested for driving while under the influence of alcohol. At the time of his arrest, Earl possessed a small quantity of methamphetamine, a controlled substance. SDCL 34-20B-16. State commenced a civil forfeiture proceeding to obtain the vehicle. SDCL 34-20B-70. After a hearing, the trial court granted Earl's motion to dismiss State's complaint, holding that SDCL 34-20B-70(4) does not allow forfeiture of a…
2Cases cited12 opinions
- Petition of Famous Brands, Inc.South Dakota Supreme Court · 1984
- State v. HeisingerSouth Dakota Supreme Court · 1977
- State v. TatemSupreme Court of Connecticut · 1984
- United States v. One Clipper Bow Ketch Nisku, Ralph G. Washington, Claimant-AppellantCourt of Appeals for the First Circuit · 1977
- United States v. One 1976 Porsche 911SCourt of Appeals for the Ninth Circuit · 1979
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3Cited by5 opinions
- State Ex Rel. Department of Public Safety, State Police Division v. One 1990 Chevrolet Pickup, Model Z-71, Four Wheel Drive, White, Bearing Texas License No. 3003VR, Vin: 1GCDK14K6LZ204458New Mexico Court of Appeals · 1993
- State v. One 1995 Silver Jeep Grand Cherokee, Vin 1J4GZ78Y4SC548019South Dakota Supreme Court · 2006
- State v. KienastSouth Dakota Supreme Court · 1996
- State v. One 1983 Black Toyota Pickup, VIN JT4RN48S6D0065995South Dakota Supreme Court · 1987
- State v. One 1995 Silver Jeep Grand Cherokee, Vin 1J4GZ78Y4SC548019South Dakota Supreme Court · 2006