Nevada’s Supreme Court Could Force the Biggest Property Rights Fix in Decades

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A Florida man just did what the Nevada Legislature has refused to do for years. He's asking the courts to fix Nevada's broken civil forfeiture system.

Las Vegas Metro Police seized $57,000 in cryptocurrency from Sebastian Filutowski. The money came from selling his car. Police claimed the car was tied to a crime. They froze his bank account too. He didn't see a dime of it back until he sued.

Now Filutowski is back before the Nevada Supreme Court, and this time he's not just asking for his own money. He wants the court to strike down the state laws and police partnerships that let this happen to anyone.

Why This Matters to Conservatives

Civil forfeiture lets the government take your cash, your car, even your home, without ever charging you with a crime. You don't have to be found guilty. You don't even have to be arrested.

The government just has to say your stuff might be connected to a crime, and suddenly it's theirs.

That should bother anyone who believes in limited government and property rights. The Fifth Amendment says the government can't take your property without due process. Civil forfeiture flips that on its head.

Instead of the government proving you're guilty, you have to prove you're innocent to get your own property back.

The Institute for Justice, a libertarian law firm, gives Nevada a D- grade for its forfeiture laws.

Nevada law enforcement agencies seized more than $3 million in property from July 2024 to July 2025 alone, and kept about $2 million of it, according to the attorney general's office.

How We Got Here

Nevada conservatives and free-market groups have tried to fix this for years. Bills to reform civil forfeiture passed the Assembly with strong bipartisan votes in 2019 and other sessions, only to die in the state Senate without ever getting a floor vote.

Why not? For years, the person running the Senate committee that heard these bills was also working as a Clark County prosecutor.

That person was Nicole Cannizzaro.

Watchdogs at the Nevada Policy Research Institute and the Las Vegas Review-Journal editorial board called it out at the time. A prosecutor's office doesn't want forfeiture reform, because forfeiture money helps pay their bills.

And Cannizzaro was both making the laws and working for an office that profited from keeping those laws weak. Nevada's own Constitution has a separation of powers rule meant to stop exactly this kind of conflict.

Cannizzaro eventually left the district attorney's office in 2022, following years of legal debate over whether Nevada lawmakers can hold public jobs at the same time. But the reform bills she sat on never came back to life.

Here's the twist. Cannizzaro just won the Democratic primary for Nevada Attorney General. She'll face Republican Adriana Guzmán Fralick, who has Governor Lombardo's endorsement, in the November election.

The same woman whose conflict of interest helped kill forfeiture reform for years now wants to be the state's top law enforcement officer.

With the Legislature stuck, the courts have become the workaround. That's exactly what's happening now.

What the Lawsuit Wants

Filutowski's attorney, John Fortin, says the stakes go beyond one case.

“Civil forfeitures of property, whether created through a policy enactment or by statute, threaten many of the constitutional rights Nevadans cherish,” Fortin said.

The lawsuit asks the court to require a hearing within 48 hours of any seizure to prove there's a good reason for it. If police can't show probable cause, the property goes back.

It also asks the court to fold forfeiture proceedings into criminal cases instead of separate civil ones, and to block Nevada police from using a federal program that lets them share seized property profits with Washington, sidestepping Nevada's own rules.

Not everyone agrees reform should go that far.

Rick McCann, a former Nevada law enforcement association president, said police genuinely need forfeiture as an investigative tool.

“There's a law enforcement absolute need to seize property as part of the evidentiary value of prosecuting criminal cases,” he said, while agreeing owners deserve a fair, fast path to get property back.

Here's the thing, though. If police are genuinely using someone's property as evidence in a real criminal case, they should already have probable cause. That's the same standard police need to make an arrest or get a search warrant.

So a 48-hour probable cause hearing shouldn't slow down a legitimate criminal investigation at all.

It would only stop the kind of forfeitures where police take your property and never build a criminal case around it, which is exactly the misuse critics are worried about.

What Happens Next

The court first has to decide whether Filutowski even has standing to challenge the whole system, since his money was eventually returned. If the justices side with him, the Legislature would likely have to rewrite forfeiture procedures to comply, much like it did after the state's 2020 bail ruling.

Conservatives who care about this issue don't have to just wait on the sidelines.

Watch for the state's reply, due July 20.

Push state lawmakers now to commit to real forfeiture reform ahead of the 2027 legislative session, regardless of who chairs Judiciary. And keep an eye on groups like the Cato Institute and Institute for Justice, who are doing the legal work Carson City has avoided doing itself.

Nevada shouldn't need a lawsuit to protect property rights already enshrined in the Constitution. But if that's what it takes, conservatives should be glad someone's finally forcing the issue.

The opinions expressed by contributors are their own and do not necessarily represent the views of Nevada News & Views. This article was written with the assistance of AI. Please verify information and consult additional sources as needed.