Legal Opinion

State v. One (1971) Datsun

New Jersey Superior Court Appellate Division

Decided March 24, 1983PublishedCited by 3 opinions

1Opinion of the Court

The opinion of the court was delivered by

GAULKIN, J.A.D.

On this appeal from a final judgment directing forfeiture of a Datsun automobile (N.J.S.A. 2C:64-1 et seq.), appellant John V. Laggy, Sr., the owner of the automobile, urges that N.J.S.A. 2C:64-1 is “invalid on its face” because it is “unconstitutionally overbroad.” He suggests that the constitutional infirmity can be “avoided” by interpreting the statute to prohibit forfeiture “when the property is used in the commission of a criminal offense without the owner’s knowledge.”

We find nothing in the language of N.J.S.A. 2C:64-1 to suggest…

2Cases cited5 opinions

  1. Calero-Toledo v. Pearson Yacht Leasing Co.Supreme Court of the United States · 1974
  2. Arnett v. KennedySupreme Court of the United States · 1974
  3. State v. One (1) Ford Van EconolineNew Jersey Superior Court Appellate Division · 1977
  4. Lippmann v. Hydro-Space Technology, Inc.New Jersey Superior Court Appellate Division · 1962
  5. The TOWN TOBACCONIST v. KimmelmanNew Jersey Superior Court Appellate Division · 1982

3Cited by3 opinions

  1. Monmouth County Social Serv. v. PaqNew Jersey Superior Court Appellate Division · 1998
  2. State v. One 1979 Pontiac SunbirdNew Jersey Superior Court Appellate Division · 1983
  3. F.B. v. A.L.G.New Jersey Superior Court Appellate Division · 2002

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