Legal Opinion
State v. Lewis
Court of Appeals of Arizona
Decided July 1, 1969No. 1 CA-CIV 776PublishedCited by 1 opinion
1Opinion of the Court
HATHAWAY, Judge.
The State appeals from a ruling that A.R.S. § 36-1041 et seq., is unconstitutional because no provision is made for an innocent owner’s avoidance of forfeiture of an automobile used for transportation of narcotics. A.R.S. § 36-1041 states:
“The interest of the legal owner or owners of record of any vehicle used to transport unlawfully a narcotic drug, or in which a narcotic drug is unlawfully kept, deposited or concealed, or in which a narcotic is unlawfully possessed by an occupant, shall be forfeited to the state.”
The appellee, Rose I. Lewis, often allowed her son, Michael,…
2Cases cited4 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- One 1958 Plymouth Sedan v. PennsylvaniaSupreme Court of the United States · 1965
- Van Oster v. KansasSupreme Court of the United States · 1926
- People v. One 1948 Chevrolet Convertible CoupeCalifornia Supreme Court · 1955
3Cited by1 opinion
- In Re One 1965 Ford MustangCourt of Appeals of Arizona · 1969