State v. Zimmer
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The Supreme Court reversed the judgment of the district court affirming the county court's denial of Defendant's motion for a return of his seized firearm, holding that the lower courts erred.
Law enforcement officers seized Defendant's shotgun incident to an arrest. Following his successful completion of probation, Defendant filed a motion in the county court to return his shotgun. The county court denied the motion and ordered that the firearm be destroyed. The district court affirmed. The Supreme Court reversed, holding that the State failed to meet its burden to show that Defendant's seized firearm was contraband or subject to forfeiture or that the government had some other continuing interest in the property.
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