State v. BLACK 1999 LEXUS ES300

Leben, J.:

After investigating Andrew Wurtz for dealing marijuana, the police seized his 1999 Lexus ES300 and petitioned to forfeit it since he had used it for selling drugs. Wurtz stipulated that the car was properly subject to forfeiture but insisted that the forfeiture be limited in scope under K.S.A. 60-4106(c) because forfeiting the $8,000 car was grossly disproportionate to the $250 he had gained from the two drug sales conducted from the car.

But Wurtz’ argument fails because the inquiry under K.S.A. 60-4106(c) considers all of the circumstances, including related criminal conduct not…