NRS Chapter 179 and NRS Chapter 453 allow for the forfeiture of proceeds of certain drug-related offenses. Each of the three cases involved drug-related offenses and the seizure of U.S. currency from the arrestees. Specifically, SPD 18-1261 involves the seizure of $1,090.00; SPD 18-1487 involves the seizure of $882.00; and SPD 18-3355 involves the seizure of $680.00. The period within which a civil forfeiture complaint must be filed is brief, but pursuant to NRS 179.1173(2), a civil forfeiture proceeding must be stayed pending disposition of the related criminal case. Therefore, if the City Council were to direct the City Attorney to initiate three civil forfeiture cases relating to the listed SPD case numbers, the City Attorney would file a complaint and a motion to stay the proceedings in each case as required by NRS 179.1173(2). Proceeds from any of the civil forfeiture cases would be divided between Sparks Police Department and the City Attorney’s Office. If a civil forfeiture case is not initiated or is ultimately not successful, the money seized must be returned to the suspect in each case.

The City Attorney recommends that the City Council direct the City Attorney to initiate three civil forfeiture cases on behalf of the City relating to Sparks Police Department Case Numbers 18-1261, 18-1487, and 18-3355.

The City Council could direct the City Attorney not to initiate three civil forfeiture cases relating to Sparks Police Department Case Numbers 18-1261, 18-1487, and 18-3355.

As another alternative, the City Council could direct the City Attorney to initiate a civil forfeiture case or cases relating to one or two, but not three, of the referenced SPD cases.

Based on the advice of the City Attorney’s Office, I move to direct the City Attorney to initiate three civil forfeiture cases on behalf of the City relating to Sparks Police Department Case Numbers 18-1261, 18-1487, and 18-3355.