State v. $129,970.00, One Hundred Twenty Nine Thousand Nine Hundred Seventy Dollars in United States Currency

¶1 Daniel Ward Payne (Payne) appeals from an Order of the Sixteenth Judicial District Court, Rosebud County, granting the State’s petition for forfeiture of $129,970.00 in U.S. currency. We affirm.

¶2 We restate and address the following issues on appeal:

¶3 1. Did the removal of Payne’s personal possessions from the car

rented by Payne constitute a warrantless search that violated his right to privacy?

¶4 2. Was the detention of Payne a pretext to allow law enforcement to retain his personal property for a sufficient time to obtain a search warrant, thereby making the search and seizure of that…