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ESPINOZA v. CITY OF EVERETT

No. 38131-8-I.

943 P.2d 387 (1997)

87 Wash.App. 857

Dagoberto ESPINOZA, Manuel Leon Arechiga, Gustavo Salazar, Ernestina Lopes, Manuel Lopes, Mercedes Quintero, Trinidad Quintero, Froilan Salazar, Angel Villareal, Manuel Arechiga, Lucia Felix, Santos Arechiga, Rosa Amelia Arechiga, Gabino Leon, Lidia Leon, Flora De Leon, Utimio Leon, Altagracia Cantu, Robert Reiniga, Angelina De Arechiga, and Grupo, an unincorporated association including Cilfredo, Cecilio Nando, Nicolas, Pro Bu S.A., Victor Valencia, Rocendo D. Trujillo and group, Respondents, v. The CITY OF EVERETT, a municipal corporation, Gil Davis, individually and in his capacity as Chief of Police; Everett Police Department; and Joni Lang and John Doe Lang, her husband, Appellants.

Court of Appeals of Washington, Division 1.

September 8, 1997.

Attorney(s) appearing for the Case

Mark T. Patterson, Everett, Catherine Smith, Seattle, for Appellants.

Richard B. Daniel, Richard J. Troberman, Seattle, for Respondents.

ELLINGTON, Judge.

During a drug investigation, City of Everett police searched Manuel Arechiga's car, in which they discovered $260,000 in cash. The City attempted to forfeit both car and cash. When the government seeks to forfeit property as drug proceeds, the government must observe certain modest due process requirements. The City of Everett failed to do so, and the trial court dismissed the forfeiture proceedings and...

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