(Download) "In re One Single Family Residence and Real Property Located at 15453 North Second Avenue" by Arizona Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: In re One Single Family Residence and Real Property Located at 15453 North Second Avenue
- Author : Arizona Court of Appeals
- Release Date : January 15, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 81 KB
Description
Two important issues in the field of forfeiture law are raised in this appeal. The first concerns jurisdiction over a forfeiture appeal when the res has been released from the actual or constructive custody of the court. The second involves the breadth of the statutory provisions regarding the forfeitability of property used or intended to be used in the facilitation of a drug offense. We conclude that this court maintains jurisdiction over the appeal despite the release of the properties to the claimant. In so holding, we depart from the previous opinion of this court in In re $113,888 United States Currency (Rende v. State), 168 Ariz. 229, 812 P.2d 1047 (App. 1990). On the merits of this case, when a party to a drug transaction offers his property as collateral for an up-front payment of the purchase price of the drugs, the property is forfeitable despite the fact that the payment was not made and, thus, the property never was used as the intended collateral.
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