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eBook details

• Title: Joan E. Davis v. State Utah
• Author : Supreme Court Of Utah
• Release Date : January 17, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

This is an appeal from an order forfeiting Joan Davis's 1987 Dodge van pursuant to Utah Code Ann. § 58-37-13 (Supp.
1987). 1 On August 4, 1987, Joan Davis drove her Dodge van to a location where a controlled substance, marijuana, was purchased.
Passengers in the van included her son and an undercover narcotics officer, Steve Olsen. Upon arrival at the location, Davis's
son left the van and purchased a quarter ounce of marijuana. After the purchase, the marijuana was divided up inside the van.
Over five months later, Davis was arrested by Salt Lake City police officers, and the van was seized pursuant to §
58-37-13. Davis filed a petition for the release of her van with the district court, and a trial was held April 8, 1988, to determine
the validity of the State's claim to the vehicle. At trial, Davis contended that the van belonged to her husband, that her
sister held a bona fide security interest in it, and that the seizure of the van was without a warrant and therefore unlawful.
The State disputed these claims and argued that § 58-37-13 required a perfected security interest. The district
court ruled that the statute did not require perfection, but that a bona fide security interest did not exist in the van.
It also ruled that the van belonged to Davis, not her husband. Whether the van was lawfully seized without a warrant was not
addressed by the court. The trial court ordered the van forfeited.

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