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STATE EX REL. TOPEKA POLICE DEPT. v. 895.00 U.S. CURRENCY

No. 94,719.

281 Kan. 819 (2006)

STATE OF KANSAS ex rel. TOPEKA POLICE DEPARTMENT, Appellee, v. $895.00 U.S. CURRENCY and 3.15 GRAMS COCAINE, Appellant.

Supreme Court of Kansas.

Opinion filed May 5, 2006.

Attorney(s) appearing for the Case

Reid T. Nelson, capital appellate defender, argued the cause and was on the brief for appellant.

Robert D. Hecht, district attorney, argued the cause, and Amy M. Memmer, assistant district attorney, and Phill Kline, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by

DAVIS, J.:

The question we must resolve arises under the Kansas Standard Asset Seizure and Forfeiture Act (KSASFA), K.S.A. 60-4101 et seq. The State began civil forfeiture proceedings after seizing $895 in U.S. Currency and 3.15 grams of cocaine during the criminal arrest of Maurice Wright. In this proceeding, the State Board of Indigents' Defense Services (BIDS) responded by filing a claim for present and anticipated...

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