STATE EX REL. RILEY COUNTY POLICE DEPT. v. 1,489 U.S. CURRENCY

No. 88,154

31 Kan.App. 2d 54 (2002)

59 P.3d 1045

STATE OF KANSAS, ex rel. RILEY COUNTY POLICE DEPARTMENT, Appellant, v. $1,489.00 U.S. CURRENCY, CYCLOP-1 NIGHT VISION DEVICE, FOOD SAVER COMPACT II, Appellee.

Court of Appeals of Kansas

Opinion filed December 27, 2002.


Attorney(s) appearing for the Case

Brenda M. Jordan, assistant county attorney, William E. Kennedy, III, county attorney, and Carla J. Stovall, attorney general, for appellant.

Richard Lundquist, pro se.

Before BEIER, P.J., PIERRON, J., and PADDOCK, S.J.


BEIER, J.:

The State appeals the district court's decision to return cash and a night vision device to a criminal defendant rather than forfeit them as substituted assets.

The defendant, Richard Lundquist, was convicted of multiple drug offenses. Both controlled substances and drug paraphernalia had been discovered in a search of his residence. The State filed a petition for forfeiture of a Cyclop-I night vision scope found in the bedroom and $1,489 in cash...

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