North Dakota v. $3260.00 United States Currency

In February 2015, officers seized $3,260 in United States currency from Ronald Newhauser. Newhauser was a passenger in a vehicle where police discovered methamphetamine and other paraphernalia. Newhauser was charged in connection with this stop in district court, but those charges were later dismissed because of federal charges relating to the incident against Newhauser. The State served Newhauser in this forfeiture action in September 2017. Newhauser moved for summary judgment, which he supported with an affidavit. In his affidavit, Newhauser admitted the $3,260 was in his wallet and officers seized it as part of the traffic stop. Newhauser also said he obtained the $3,260 from his social security disability income and savings from working occasionally for a contractor. The State responded to Newhauser's motion, but it did not support its response with any affidavits or other evidence. In its response, the State argued Newhauser raised factual questions through his affidavit requiring an evidentiary hearing. The State never scheduled a hearing on the motion for summary judgment. The district court granted Newhauser's motion for summary judgment, noting the State and Newhauser's arguments regarding the promptness of the action and lack of significant nexus between the property seized and offense committed. But the district court concluded the State failed to rebut any facts set forth by Newhauser in his affidavit. Because the State failed to present any evidence that created a genuine dispute of material fact, the district court granted Newhauser's motion for summary judgment without holding a hearing. The district court entered a judgment requiring the State to return the $3,260 to Newhauser. The State appealed. Finding no reversible error in the grant of summary judgment to Newhauser, the North Dakota Supreme Court affirmed. View "North Dakota v. $3260.00 United States Currency" on Justia Law