Opinion No. (1998)

REQUESTED BY: Ron Tussing, Colonel Superintendent Nebraska State Patrol QUESTION 1: Is a motor vehicle "property" as contemplated by Neb. Rev. Stat. § 29-820(c) (1995) that it may be disposed of pursuant to that section?

ANSWER 1: The term property as used in sections 29-812 to 29-821 is defined as "tangible objects" which includes motor vehicles.

QUESTION 2: For the provisions of Neb. Rev. Stat. § 29-820 (1995) to apply to a motor vehicle, must the seizure have been motivated solely by specific evidentiary purposes or is it sufficient that the motor vehicle was seized and is not required as…