Forfeiture of controlled substances and drug paraphernalia,when--disposal--money, records in close proximity also forfeited,rebuttable presumption--procedure.
195.140. 1. All controlled substances, imitation controlledsubstances or drug paraphernalia for the administration, use or manufactureof controlled substances or imitation controlled substances and which havecome into the custody of a peace officer or officer or agent of thedepartment of health and senior services as provided by sections 195.010 to195.320, the lawful possession of which is not established or the title towhich cannot be ascertained after a hearing as prescribed in Rule 34 ofRules of Criminal Procedure for the courts of Missouri or some otherappropriate hearing, shall be forfeited, and disposed of as follows:
(1) Except as in this section otherwise provided, the court orassociate circuit judge having jurisdiction shall order such controlledsubstances, imitation controlled substances, or drug paraphernaliaforfeited and destroyed. A record of the place where said controlledsubstances, imitation controlled substances, or drug paraphernalia wereseized, of the kinds and quantities of controlled substances, imitationcontrolled substances, or drug paraphernalia so destroyed, and of the time,place and manner of destructions, shall be kept, and a return under oath,reporting the destruction of the controlled substances, imitationcontrolled substances, or drug paraphernalia shall be made to the court orassociate circuit judge;
(2) The department of health and senior services shall keep acomplete record of all controlled substances, imitation controlledsubstances, or drug paraphernalia received and disposed of, together withthe dates of such receipt and disposal, showing the exact kinds,quantities, and forms of such controlled substances, imitation controlledsubstances, or drug paraphernalia; the persons from whom received and towhom delivered; and by whose authority they were received, delivered ordestroyed; which record shall be open to inspection by all federal or stateofficers charged with the enforcement of federal and state narcotic orcontrolled substances laws.
2. (1) Everything of value furnished, or intended to be furnished,in exchange for a controlled substance, imitation controlled substance ordrug paraphernalia in violation of sections 195.010 to 195.320, allproceeds traceable to such an exchange, and all moneys, negotiableinstruments, or securities used, or intended to be used, to facilitate anyviolation of sections 195.010 to 195.320 shall be forfeited, except that noproperty shall be forfeited under this subsection to the extent of theinterest of an owner by reason of any act or omission established by him tohave been committed without his knowledge or consent.
(2) Any moneys, coin, or currency found in close proximity toforfeitable controlled substances, imitation controlled substances, or drugparaphernalia, or forfeitable records of the importation, manufacture, ordistribution of controlled substances, imitation controlled substances ordrug paraphernalia are presumed to be forfeitable under this subsection.The burden of proof shall be upon claimants of the property to rebut thispresumption.
(3) All forfeiture proceedings shall be conducted pursuant to theprovisions of sections 513.600 to 513.660*, RSMo.
(1986) This section is neither unconstitutionally broad nor unconstitutionally vague, nor does rebuttable presumption in favor of forfeiture violate due process. State ex rel. Cook v. Saynes, 713 S.W.2d 258 (Mo.banc).
(1993) Where currency found in close proximity to contraband marijuana created rebuttable presumption that money was acquired from an illegal activity and defendant did not meet burden of proof to rebut presumption, forfeiture of money under section is not punitive because one who commits crime has no greater interest in fruits of crime than state. Eighth Amendment of United States prohibiting excessive fines is not applicable. State v. Meister, 866 S.W.2d 485 (Mo.App.W.D.).
(1999) Property which is presumed forfeitable under section requires conviction of guilt before judgment of forfeiture can be entered under Criminal Activity Forfeiture Act. State v. Eicholz, 999 S.W.2d 738 (Mo.App.W.D.).
Forfeiture of controlled substances and drug paraphernalia,when--disposal--money, records in close proximity also forfeited,rebuttable presumption--procedure.
195.140. 1. All controlled substances, imitation controlledsubstances or drug paraphernalia for the administration, use or manufactureof controlled substances or imitation controlled substances and which havecome into the custody of a peace officer or officer or agent of thedepartment of health and senior services as provided by sections 195.010 to195.320, the lawful possession of which is not established or the title towhich cannot be ascertained after a hearing as prescribed in Rule 34 ofRules of Criminal Procedure for the courts of Missouri or some otherappropriate hearing, shall be forfeited, and disposed of as follows:
(1) Except as in this section otherwise provided, the court orassociate circuit judge having jurisdiction shall order such controlledsubstances, imitation controlled substances, or drug paraphernaliaforfeited and destroyed. A record of the place where said controlledsubstances, imitation controlled substances, or drug paraphernalia wereseized, of the kinds and quantities of controlled substances, imitationcontrolled substances, or drug paraphernalia so destroyed, and of the time,place and manner of destructions, shall be kept, and a return under oath,reporting the destruction of the controlled substances, imitationcontrolled substances, or drug paraphernalia shall be made to the court orassociate circuit judge;
(2) The department of health and senior services shall keep acomplete record of all controlled substances, imitation controlledsubstances, or drug paraphernalia received and disposed of, together withthe dates of such receipt and disposal, showing the exact kinds,quantities, and forms of such controlled substances, imitation controlledsubstances, or drug paraphernalia; the persons from whom received and towhom delivered; and by whose authority they were received, delivered ordestroyed; which record shall be open to inspection by all federal or stateofficers charged with the enforcement of federal and state narcotic orcontrolled substances laws.
2. (1) Everything of value furnished, or intended to be furnished,in exchange for a controlled substance, imitation controlled substance ordrug paraphernalia in violation of sections 195.010 to 195.320, allproceeds traceable to such an exchange, and all moneys, negotiableinstruments, or securities used, or intended to be used, to facilitate anyviolation of sections 195.010 to 195.320 shall be forfeited, except that noproperty shall be forfeited under this subsection to the extent of theinterest of an owner by reason of any act or omission established by him tohave been committed without his knowledge or consent.
(2) Any moneys, coin, or currency found in close proximity toforfeitable controlled substances, imitation controlled substances, or drugparaphernalia, or forfeitable records of the importation, manufacture, ordistribution of controlled substances, imitation controlled substances ordrug paraphernalia are presumed to be forfeitable under this subsection.The burden of proof shall be upon claimants of the property to rebut thispresumption.
(3) All forfeiture proceedings shall be conducted pursuant to theprovisions of sections 513.600 to 513.660*, RSMo.
(1986) This section is neither unconstitutionally broad nor unconstitutionally vague, nor does rebuttable presumption in favor of forfeiture violate due process. State ex rel. Cook v. Saynes, 713 S.W.2d 258 (Mo.banc).
(1993) Where currency found in close proximity to contraband marijuana created rebuttable presumption that money was acquired from an illegal activity and defendant did not meet burden of proof to rebut presumption, forfeiture of money under section is not punitive because one who commits crime has no greater interest in fruits of crime than state. Eighth Amendment of United States prohibiting excessive fines is not applicable. State v. Meister, 866 S.W.2d 485 (Mo.App.W.D.).
(1999) Property which is presumed forfeitable under section requires conviction of guilt before judgment of forfeiture can be entered under Criminal Activity Forfeiture Act. State v. Eicholz, 999 S.W.2d 738 (Mo.App.W.D.).
Forfeiture of controlled substances and drug paraphernalia,when--disposal--money, records in close proximity also forfeited,rebuttable presumption--procedure.
195.140. 1. All controlled substances, imitation controlledsubstances or drug paraphernalia for the administration, use or manufactureof controlled substances or imitation controlled substances and which havecome into the custody of a peace officer or officer or agent of thedepartment of health and senior services as provided by sections 195.010 to195.320, the lawful possession of which is not established or the title towhich cannot be ascertained after a hearing as prescribed in Rule 34 ofRules of Criminal Procedure for the courts of Missouri or some otherappropriate hearing, shall be forfeited, and disposed of as follows:
(1) Except as in this section otherwise provided, the court orassociate circuit judge having jurisdiction shall order such controlledsubstances, imitation controlled substances, or drug paraphernaliaforfeited and destroyed. A record of the place where said controlledsubstances, imitation controlled substances, or drug paraphernalia wereseized, of the kinds and quantities of controlled substances, imitationcontrolled substances, or drug paraphernalia so destroyed, and of the time,place and manner of destructions, shall be kept, and a return under oath,reporting the destruction of the controlled substances, imitationcontrolled substances, or drug paraphernalia shall be made to the court orassociate circuit judge;
(2) The department of health and senior services shall keep acomplete record of all controlled substances, imitation controlledsubstances, or drug paraphernalia received and disposed of, together withthe dates of such receipt and disposal, showing the exact kinds,quantities, and forms of such controlled substances, imitation controlledsubstances, or drug paraphernalia; the persons from whom received and towhom delivered; and by whose authority they were received, delivered ordestroyed; which record shall be open to inspection by all federal or stateofficers charged with the enforcement of federal and state narcotic orcontrolled substances laws.
2. (1) Everything of value furnished, or intended to be furnished,in exchange for a controlled substance, imitation controlled substance ordrug paraphernalia in violation of sections 195.010 to 195.320, allproceeds traceable to such an exchange, and all moneys, negotiableinstruments, or securities used, or intended to be used, to facilitate anyviolation of sections 195.010 to 195.320 shall be forfeited, except that noproperty shall be forfeited under this subsection to the extent of theinterest of an owner by reason of any act or omission established by him tohave been committed without his knowledge or consent.
(2) Any moneys, coin, or currency found in close proximity toforfeitable controlled substances, imitation controlled substances, or drugparaphernalia, or forfeitable records of the importation, manufacture, ordistribution of controlled substances, imitation controlled substances ordrug paraphernalia are presumed to be forfeitable under this subsection.The burden of proof shall be upon claimants of the property to rebut thispresumption.
(3) All forfeiture proceedings shall be conducted pursuant to theprovisions of sections 513.600 to 513.660*, RSMo.
(1986) This section is neither unconstitutionally broad nor unconstitutionally vague, nor does rebuttable presumption in favor of forfeiture violate due process. State ex rel. Cook v. Saynes, 713 S.W.2d 258 (Mo.banc).
(1993) Where currency found in close proximity to contraband marijuana created rebuttable presumption that money was acquired from an illegal activity and defendant did not meet burden of proof to rebut presumption, forfeiture of money under section is not punitive because one who commits crime has no greater interest in fruits of crime than state. Eighth Amendment of United States prohibiting excessive fines is not applicable. State v. Meister, 866 S.W.2d 485 (Mo.App.W.D.).
(1999) Property which is presumed forfeitable under section requires conviction of guilt before judgment of forfeiture can be entered under Criminal Activity Forfeiture Act. State v. Eicholz, 999 S.W.2d 738 (Mo.App.W.D.).
