State v. One 1964 Oldsmobile Cutlass Convertible

Martin Looney loaned his 1964 Oldsmobile to a friend, Brandon Caldwell, who used it in a drug transaction. A district associate judge ordered the car forfeited, and the district court affirmed. We reverse and remand.

Iowa Code section 809.14(1) (1991) provides:

Property shall not be forfeited under this chapter to the extent of the interest of an owner, other than a joint tenant, who had no part in the commission of the crime and who had no knowledge of the criminal use or intended use of the property. However, if it is established by a preponderance of the evidence that the owner permitted the…