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21 S.D. L. Rev. 119 (1976)
Vehicle Forfeitures under South Dakota's Controlled Substances Statute: An Evaluation of the Law in Light of Constitutional Challenges

handle is hein.journals/sdlr21 and id is 127 raw text is: VEHICLE FORFEITURES UNDER SOUTH DAKOTA'S CONTROLLED SUBSTANCES STATUTE: AN EVALUATION OF THE LAW IN LIGHT OF CONSTITUTIONAL CHALLENGES Vehicle confiscations under the Uniform Controlled Substances Act have become the object of comment, criti- cism, and constitutional attack. Although most courts have persistently upheld the constitutionality of the Act by ad- hering to traditional police power justifications, an emerg- ing minority of courts have rejected the traditional justifi- cations and concluded that summary forfeitures are uncon- scionably harsh and repugnant to the constitutions of the states and nation. This comment will evaluate the consti- tutionality of South Dakota's version of the Uniform Con- trolled Substances Act in terms of the two divergent ap- proaches. Legislative alternatives aimed at alleviating the harsh consequences of forfeitures will also be examined. INTRODUCTION In 1970, South Dakota became one of the first of forty-one ju- risdictions to adopt the Uniform Controlled Substances Act.1 Such legislation was designed to complement the new Federal narcotic and dangerous drug legislation and provide an interlocking trellis of Federal and State law to enable government at all levels to con- trol more effectively the drug abuse problem.'2 Included in the Uniform Act was a provision which would allow an appropriate person or agency to seize and forfeit: (1) all controlled substances which have been manufac- tured, distributed, dispensed or acquired in violation of this Act; (2) all raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivery, importing, or ex- porting any controlled substance in violation of this Act; (3) all property which is used, or intended for use, as a container for property described in paragraphs (1) or (2); (4) all conveyances, including aircraft, vehicles or vessels, which are used, or intended for use, to transport, or in any manner facilitate the transporation, for the pur- pose of sale or receipt of property described in para- graph (1) or (2).3 1. UNIFORM CONTROLLED SUBSTANCEs ACT, Table of Jurisdictions Wherein Act Has Been Adopted, 9 UNIFORM LAws ANN. 145 (1973); S.D. COMPILED LAWS ANN. §§ 39-17-1 to -155 (Supp. 1975). 2. UNIFORM CONTROLLED SuBsTANCEs ACT, Commissioners' Prefatory Note, 9 UNIFORM LAws ANN. 146 (1973). 3. UNIFORM CONTROLLED SUBSTANcEs ACT § 505, 9 UNIFORM LAWS ANN. 336-8 (1973) (exceptions omitted). S.D. COMPILED LAWS ANN. § 39- 17-129 (Supp. 1975) differs materially from § 505 of the Uniform Controlled

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