C. Lee Rose v. Harry B. Showalter And

This is an action brought by the Department of Law Enforcement pursuant to the forfeiture provisions of the Idaho Uniform Controlled Substances Act, particularly I.C. § 37-2744. On May 17, 1991, James Peterson was stopped by a city of Sandpoint police officer after Petersons vehicle was observed crossing the center line. After a field sobriety test, Peterson was arrested for driving under the influence. In a search of Petersons vehicle pursuant to his custodial arrest, a fully-loaded revolver was found in a seat cover pocket, three bindles of cocaine were discovered in a cardboard box in the glove compartment, and two vials of cocaine were found in his overnight bag. Also located in the pickup was a fully loaded sawed-off shotgun. When Peterson was searched at the jail, a vial containing cocaine and a coke spoon were found in his possession. In addition, $2,100.00 in denominations of $100 bills and $50 bills that was separate from other money in his possession was contained in his wallet. Peterson was initially charged with possession of cocaine with intent to deliver. He later plead guilty and was sentenced on an amended charge of possession of cocaine.