Legal Opinion

State v. $17,515.00 in Cash Money

North Dakota Supreme Court

Decided November 13, 2003No. 20030008PublishedCited by 11 opinions

1Opinion of the Court

MARING, Justice.

[¶ 1] Alice Olivarez has appealed from a judgment ordering forfeiture of cash found during execution of a search warrant. We affirm, concluding Olivarez was not entitled to a jury trial on the forfeiture and the trial court did not apply an erroneous standard of proof.

I

[¶ 2] On January 2, 2002, police officers executed a search warrant at the home of Daniel Olivarez, Jr., and Alice Olivarez. Officers found 191 bags of cocaine in an open safe on the dresser in the Olivarezes’ bedroom. On the dresser next to the safe was a $50 bill. Officers found $17,515.00 in a backpack…

2Cases cited18 opinions

  1. Flint River Steamboat Co. v. FosterSupreme Court of Georgia · 1848
  2. State v. RingquistNorth Dakota Supreme Court · 1988
  3. State v. RydbergNorth Dakota Supreme Court · 1994
  4. Peters-Riemers v. RiemersNorth Dakota Supreme Court · 2002
  5. Helms v. Tennessee Department of SafetyTennessee Supreme Court · 1999

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3Cited by11 opinions

  1. State v. BrownNorth Dakota Supreme Court · 2009
  2. State v. Items of Real Property Owned and/or Possessed by ChilinskiMontana Supreme Court · 2016
  3. Haines v. Comfort Keepers, Inc.Alaska Supreme Court · 2017
  4. Riemers v. EslingerNorth Dakota Supreme Court · 2010
  5. State v. One 1969 Blue Pontiac Firebird, Vin 223379U128403South Dakota Supreme Court · 2007

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