People v. One 1951 Chevrolet 2-Door

These appeals are from judgments of the Superior Courts of Riverside and Orange Counties forfeiting the interests of the legal and registered owners of automobiles in proceedings commenced by the People of the State of California pursuant to the provisions of section 11612 et seq. of the Health and Safety Code of the State of California by reason of the unlawful use of said vehicles contrary to the force and effect of section 11610 of said code.

It is stipulated by the parties that the automobiles involved were not seized on behalf of the State at the time of the unlawful use thereof but were seized at a later date at a time when they were not being unlawfully used. It is further stipulated that the sole question presented in these appeals is the question of whether or not proceedings of the type involved in the superior court and judgments or forfeiture rendered therein can be based upon such delayed seizures.

On July 24, 1956, the Attorney General of the State of California filed in Riverside County a notice of seizure and intended forfeiture of the Chevrolet automobile involved, alleging that it had been used in violation of section 11610 of the Health and Safety Code.…