Muir v. Bilderback, 2015 MT 181 (June 30, 2015) (McGrath, C.J.) (5-0, rev’d)
Issue: Whether the district court properly dismissed Marie Felton’s objection to civil forfeiture of a Hummer that she co-owned with her son.
Short Answer: No. The police were required to personally serve the summons and petition for forfeiture on Felton.
Reversed and remanded to vacate the forfeiture order with respect to Felton
Facts: Bobby Bilderback is Marie Felton’s son. See 2015 MT 180. Missoula police found Bilderback in Missoula after being contacted by law enforcement in Washington. They executed a search warrant for a Hummer owned by Bilderback and Felton, and found $36,000 in cash and a plastic bag with methamphetamine residue. The Missoula chief of police instituted forfeiture proceedings against the Hummer, the cash, and other items found in the search, alleging they were involved with unlawful drug transactions.…