Property rights advocates received a win today as a Washoe County judge ruled against the use of a federal loophole for Nevada law enforcement.
The ruling states that Nevada law enforcement can't use a federal program to bypass existing state laws enacted to protect property owners.
This stems from a 2021 case where Nevada Highway Patrol (NHP) seized retired Marine Stephen Lara's life savings during a traffic stop.
Without any evidence of a crime or even a charge being brought against Lara, NHP gave his money to the U.S. Drug Enforcement Administration, which has less strict forfeiture protections than Nevada laws.
The NHP attempted to argue that the federal program was a legal loophole that officers could utilize to seize property under state law, then process it federally.
The department would then receive an up-to 80% kickback from the proceeds, according to a release.
In its rejection, the court found that no such loophole exists under Nevada law.
Lara intends to continue seeking damages and pursuing additional claims under the Nevada Constitution.
