NRS Chapter 179 and NRS Chapter 453 allow for the forfeiture of proceeds of certain drug-related offenses. NRS 453.301(9) states that if currency in excess of $300.00 is seized from a person arrested for certain drug-related offenses, “then there is a rebuttable presumption that the cash is traceable to an exchange for a controlled substance and is subject to forfeiture.” SPD case number 19-4471 involved involved drug-related offenses and the seizure of $3,822.00 from the arrestee. Similarly, SPD case number 19-6021 involved drug-related offenses and the seizure of $4,401.02 from the arrestee. The presumption created by NRS 453.301(9) would apply in both cases.

If the City Council were to authorize the City Attorney to initiate civil forfeiture cases relating to these SPD cases, the City Attorney would file a complaint in the Second Judicial District Court for each case. Pursuant to NRS 179.1173(2), a civil forfeiture proceeding must be stayed pending disposition of the related criminal case. Therefore, the City Attorney would also file a motion to stay each civil forfeiture case until the related criminal proceedings were complete. If the civil forfeiture actions were ultimately successful, the money seized would become the City's property and would be divided between SPD and the City Attorney’s Office. 

The City Attorney recommends that the City Council authorize the City Attorney to initiate civil forfeiture cases on behalf of the City relating to SPD case numbers 19-4471 and 19-6021.

City Council could decline to authorize the City Attorney to initiate civil forfeiture proceedings in one or both cases.

I move to authorize the City Attorney to initiate civil forfeiture cases on behalf of the City relating to Sparks Police Department case numbers 19-4471 and 19-6021.