State v. Person

OPINION

STATON, Judge.

The State of Indiana and the Speedway Police Department (“the State”) appeal an order requiring them to pay attorney’s fees incurred by Thomas Person in a civil forfeiture proceeding. The dispositive issue presented is whether, following an unsuccessful civil forfeiture action, the trial court had the authority to assess attorney’s fees against the State under Indiana’s General Recovery Rule.

We reverse.

This case arose when, on October 30, 1996, Speedway Police Officer James Hornaday stopped Person for speeding. An examination of Person’s driving record revealed that his…