State v. Mcfarlin

One of the most familiar and cherished of all constitutional rights is the one that, under the fifth amendment of the federal Constitution, protects citizens from being ""twice put in jeopardy of life or limb."" The same right is similarly protected under article I section 12 of our own Constitution (""[n]o person shall after acquittal, be tried for the same offense""). Prosecutors in this case brought a civil forfeiture proceeding to seize contraband (marijuana) and a small amount of cash (eighty-six dollars) thought to be proceeds from drug sales. The defendant spurned any participation in the forfeiture proceeding but later urged, on former jeopardy grounds, that it barred his separate prosecution on the drug charge. The trial court agreed and dismissed the prosecution. We disagree and therefore reverse and remand. On the evening of July 31, 1994, an Iowa City police officer stopped an automobile because it had no visible front license plate. The officer observed two men in the car. As he approached he noticed the passenger, later identified as the defendant Che Ethan McFarlin, hurriedly digging in a small waist pack and reaching in the area between the [542 NW2d Page 560]