State v. a Blue in Color, 1993 Chevrolet Pickup

¶ 1 This is an appeal from a decision of the Sixteenth Judicial District Court, Custer County, permitting evidence, in a forfeiture proceeding, of items found during an execution of a search warrant on Darrell Pelvit’s residence. The search warrant was issued based on evidence seized from a warrantless search of Pelvit’s trash. While the true Appellant is the property forfeited-Pelvit’s truck, boat, and boat trailer-this Opinion will refer to Pelvit as the Appellant for the sake of clarity and brevity.

¶2 The only issue for review is whether the warrantless search of Pelvit’s trash bags…