Ada Co Prosecuting Atty v. 2007 Legendary Motorcycle

This case arose from a district court's review on appeal of a magistrate court's decision regarding the civil forfeiture of a motorcycle and other items that belong to Christopher Rubey. In 2009, Rubey was arrested and charged with possession of methamphetamine with intent to deliver. Subsequently, the Ada County Prosecutor's Office (State) brought an action under I.C. 37-2744 for civil forfeiture of the motorcycle and related items used in the alleged crime. The magistrate court granted summary judgment to the State, and the district court reversed and remanded that decision. The State appealed to the Supreme Court, arguing that the district court erred in its decision and that the legislative intent behind I.C. 37-2744(a)(4) supports civil forfeiture for either the transportation or trafficking of drugs. Upon review, the Supreme Court agreed and affirmed the district court's decision. View "Ada Co Prosecuting Atty v. 2007 Legendary Motorcycle" on Justia Law