Dante Adams v. State of Indiana - 3/28/13

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Thursday  March 28, 2013 
9:45 AM  EST

9:45 a.m. 15A01-1110-MI-537. The State filed a motion to transfer cash seized from Dante Adams to federal authorities for the purpose of commencing forfeiture proceedings. The State did not serve the motion on Adams. The Dearborn Circuit Court granted the State's motion and denied Adams' motion for rehearing. The Court of Appeals concluded that because the statute permitting the State to transfer seized property to federal authorities contemplates a lawful search, Adams was entitled to challenge the legality of the search and seizure prior to transfer of the cash to federal authorities. The State therefore erred in failing to give Adams notice of its motion. The error, however, was harmless because Adams could not show prejudice.

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