Sargent v. State

The State filed a complaint against Defendant seeking forfeiture of her 1996 Buick Century automobile under the provisions of the Civil Forfeiture Statute, which provides in relevant part that a vehicle may be seized if it is used or is intended for use by the person in possession of it to facilitate the transportation of stolen property. On cross-motions for summary judgment the trial court deemed the vehicle forfeited and awarded the vehicle to the Indianapolis Metropolitan Police Department. The Supreme Court reversed, holding that the State was not entitled to forfeiture of the vehicle because it failed to demonstrate that Defendant was “in possession” of the vehicle as contemplated by the Civil Forfeiture Statute. View "Sargent v. State" on Justia Law