State v. Residential Unit & Real Estate at 930 Windwood 2

Knudson, J.:

This is an appeal by the State of Kansas from an order of the trial court granting claimant’s motion to dismiss the State’s civil asset forfeiture case. We reverse the trial court and remand for further proceedings.

On December 12, 1996, the Junction City drug task force executed a search warrant at the residence of Lamart Elkins and Alphia Hart at 930 Windwood, #2, Junction City, Kansas. This warrant was based upon two previous undercover purchases of cocaine from Elkins. The residence was allegedly used to facilitate both transactions.

The State issued a notice of pending…