Property Seized in a Drug Case
W.S. 35-7-1049 — a probable cause hearing within thirty days, and clear and convincing proof to forfeit
A person whose property is seized is given written notice at the time that it is subject to forfeiture, and of the right to attend the hearing, with at least fifteen days' notice of it.
Who handles this in Wyoming: Wyoming State Bar, attorney referrals; and legal aid programs and the state offices, listed in the Wyoming directory.
- Within thirty days of the seizure, a circuit court holds a recorded hearing at which an officer who made the seizure testifies under oath to the probable cause.
- A forfeiture action must be brought within 120 days of the seizure, or within thirty days after any related criminal case ends, whichever is later.
- The state has to prove by clear and convincing evidence how much of the property is subject to forfeiture.
- An innocent owner, who neither knew of nor consented to the violation, keeps their interest, as does a perfected lienholder.
Sources for this section (1)
- W.S. 35-7-1049 — Forfeitures and seizures generally; property subject to forfeiture
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Wyoming attorney.