The Court determined (1) the district court erred in granting summary judgment to the State because the State failed to present evidence demonstrating no genuine issue of material fact existed as to whether the funds it seized from petitioner’s bank accounts were subject to forfeiture as proceeds attributable to the petitioner’s commission of a felony; (2) the State’s forfeiture of funds seized from a bank account will not stand without evidence connecting the funds to criminal activity; and (3) NRS § 179.1173(4) requires the State to prove by clear and convincing evidence the property is subject to forfeiture.
The Court further held (1) Nevada does not require constitutional standing where the Legislature has provided a statutory right to sue; and (2) under Nevada’s forfeiture law, only a claim to any right, title, or interest of record is necessary for a plaintiff to establish standing.
Rieke, Lena, "Fergason v. Las Vegas Metropolitan Police Dept., 131 Nev. Adv. Op. 94 (Dec. 31, 2015)" (2015). Nevada Supreme Court Summaries. 937.