State v. Watley

OPINION

DANIEL F. FOLEY, Judge.

The state appeals the dismissal of criminal drug charges against respondent. The district court ruled that double jeopardy barred the criminal prosecution because of a prior civil administrative forfeiture of property found in proximity to the controlled substances seized from respondent. We do not reach the issue of whether the civil forfeiture here constituted punishment upon which double jeopardy may apply. Instead, we reverse, because there was no previous judgment of forfeiture upon which jeopardy could attach.

FACTS

On August 12, 1994, two police officers…