(DOWNLOAD) "Jacobson v. $55" by Supreme Court of Montana ~ Book PDF Kindle ePub Free
eBook details
- Title: Jacobson v. $55
- Author : Supreme Court of Montana
- Release Date : January 15, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
Following the arrest of Jeffrey Carlisle, an admitted drug dealer, Dakota County notified Richard Jacobson that the county intended to forfeit $55,900 in cash seized from a safe located in the apartment Jacobson rented to Carlisle. Jacobson disputed the countys decision and demanded a judicial determination of the forfeiture. At the subsequent trial, the county presented evidence that a certified drug detection dog had identified drug odor on the cash. Both Jacobson and Carlisle testified that Jacobson was not involved in Carlisles drug dealing and that the $55,900 did not belong to Carlisle. The district court issued a forfeiture order after finding that Jacobson had failed to rebut a statutory presumption that cash found in proximity to drugs is subject to forfeiture. Jacobson moved for amended findings, arguing that Carlisles testimony constituted sufficient evidence to rebut the presumption and that the court improperly considered the dog sniff evidence. The court denied the motion. Jacobson appealed to the Minnesota Court of Appeals, which affirmed the district court. Jacobson then petitioned our court for review of two issues: (1) whether a district court may consider witness credibility when it decides whether a claimant has rebutted the statutory presumption; and (2) whether dog sniff evidence is admissible to prove a connection between cash and drug trafficking. We reverse and remand for further proceedings consistent with this opinion.