State ex rel. Hannaford v. Allen

CRIST, Judge.

Appeal from an order of forfeiture of a motor vehicle owned by appellant Allen in an action brought under the Narcotic Drug Act, Chapter 195 RSMo 1978. After a hearing, the circuit court found the vehicle to be a common nuisance and ordered forfeiture. We reverse.

The forfeiture action, civil in nature, was instituted by Vandalia, Missouri Police Officer George H. Hannaford pursuant to § 195.145 RSMo 1978. The evidence adduced at the hearing tended to show appellant drove his 1982 Ford Van into a cemetery, ran over several tombstones, and abandoned it after the accident. The van…