Friday, November 9, 2012

the state retained a defendant’s property without complying with the law governing forfeiture (11 9 12)

The First District Court of Appeals for Hamilton County ruled that a trial court erred when ruling on a defendant’s motion seeking the return of property seized from his person and vehicle when he was arrested. Because the prosecutor did not follow the law regarding forfeiture, the trial court "should have ordered the civil-forfeiture filing time extended and provided North with the procedural protections afforded by the civil-forfeiture statute." State v. North, 2012-Ohio-5200.

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