State v. McGuire

The Supreme Court reversed in part the trial court’s partial denial of Defendant’s motion for return of some seized property, holding that the court’s partial denial of the motion was apparently premised on an incorrect reading of case law.Law enforcement seized personal property pursuant to a search warrant from a residence occupied by several persons, including Defendant. Defendant pleaded no contest to attempted possession of a controlled substance. Defendant later moved for return of some seized property. The district court overruled in part Defendant’s motion for return of personal property. The Supreme Court affirmed the portion of the district court’s order requiring the State to return items to Defendant but reversed the portion of the order denying return of other items, holding that where no evidence was presented by the State to rebut Defendant’s presumption of ownership, the court erred in finding that Defendant did not have exclusive possession of all the property. View "State v. McGuire" on Justia Law