Legal Opinion

Schmitz v. $40,703.00

Court of Appeals of Minnesota

Decided December 30, 1997No. C5-97-486Published

1Opinion of the Court

OPINION

WILLIS, Judge.

The Olmsted County attorney challenges the district court’s dismissal of a judicial forfeiture action under Minn.Stat. § 609.5311, arguing that the statutory forfeiture scheme does not require the county attorney to have asserted all statutory claims for forfeiture in the judicial determination proceeding initiated by Lamar. We reverse and remand.

FACTS

On April 29, 1995, Michael Lamar was arrested at the Rochester Airport for sus-peeted illegal drug activities. A search resulted in the discovery of $40,703 on Lamar’s person. That same day an administrative forfeiture…

2Cases cited3 opinions

  1. Frost-Benco Electric Ass'n v. Minnesota Public Utilities CommissionSupreme Court of Minnesota · 1984
  2. Rife v. One 1987 Chevrolet Cavalier, Minnesota License No. 509-CRC, Vin No. 1G1JE111OHJ112508Court of Appeals of Minnesota · 1992
  3. King v. One 1990 Cadillac DeVilleCourt of Appeals of Minnesota · 1997

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API