State v. Seventeen Thousand Five Hundred Dollars ($17,500.00) Cash

Supreme Court of Louisiana

State v. Seventeen Thousand Five Hundred Dollars ($17,500.00) Cash

612 So. 2d 90, 1993 La. LEXIS 891, 1993 WL 33588

CourtSupreme Court of Louisiana

DecidedFebruary 11, 1993

DocketNo. 92-KK-3136

StatusPublished

This text of 612 So. 2d 90 (State v. Seventeen Thousand Five Hundred Dollars ($17,500.00) Cash) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. Seventeen Thousand Five Hundred Dollars ($17,500.00) Cash, 612 So. 2d 90, 1993 La. LEXIS 891, 1993 WL 33588 (La. 1993).

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PER CURIAM.

Granted. The district court may issue a warrant for seizure of property for forfeiture “on an affidavit under oath demonstrating that probable cause exists for its forfeiture....” La.R.S. 40:2606. The legislature has thereby imposed the same statutory requirements on warrants for seizure for'forfeiture that it has on warrants for search and seizure under La.C.Cr.P. art. 162. The district court erred in issuing the warrant of forfeiture on information available to the state but not reduced to affidavit form. See State v. Daniel, 373 So.2d 149 (La.1979). The district court’s order of seizure issued on July 8, 1992, is therefore vacated.

MARCUS and KIMBALL, JJ., concur with reasons. LEMMON, J., dissents and would deny the writ. WATSON, J., not on panel.

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PER CURIAM.

Granted. The district court may issue a warrant for seizure of property for forfeiture “on an affidavit under oath demonstrating that probable cause exists for its forfeiture....” La.R.S. 40:2606. The legislature has thereby imposed the same statutory requirements on warrants for seizure for'forfeiture that it has on warrants for search and seizure under La.C.Cr.P. art. 162. The district court erred in issuing the warrant of forfeiture on information available to the state but not reduced to affidavit form. See State v. Daniel, 373 So.2d 149 (La.1979). The district court’s order of seizure issued on July 8, 1992, is therefore vacated.

MARCUS and KIMBALL, JJ., concur with reasons. LEMMON, J., dissents and would deny the writ. WATSON, J., not on panel.

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612 So. 2d 90, 1993 La. LEXIS 891, 1993 WL 33588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-seventeen-thousand-five-hundred-dollars-1750000-cash-la-1993.

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