Study the following passage for ten minutes. Then, answer the questions based upon what you have just read. Do not refer back to the passage when answering these questions. On October 9, Court Officer Edmund Bursa of the 16th Municipal Court was assigned an order of eviction for a residential property at 96 Bloomfield Lane, in the matter of Exclusive Property Management v. Cage and all occupants of 96 Bloomfield Lane. Bursa traveled to the property and met with the plaintiff's agent, Mark Lewandowski. Lewandowski informed Bursa that the address was vacant and the defendants had... Show more Study the following passage for ten minutes. Then, answer the questions based upon what you have just read. Do not refer back to the passage when answering these questions. On October 9, Court Officer Edmund Bursa of the 16th Municipal Court was assigned an order of eviction for a residential property at 96 Bloomfield Lane, in the matter of Exclusive Property Management v. Cage and all occupants of 96 Bloomfield Lane. Bursa traveled to the property and met with the plaintiff's agent, Mark Lewandowski. Lewandowski informed Bursa that the address was vacant and the defendants had moved. What was left at the address was furniture and miscellaneous personal effects. Bursa advised that he must examine the address before returning possession to the plaintiff. Lewandowski advised that his company would remove the contents from the property. Bloomfield Lane is a six-room colonial-styled two-story home. There are three bedrooms located on the second floor. There is no basement and no garage. In the utility room on the first floor, Bursa located three plastic storage containers. Bursa opened the first container and discovered stacks of money encased in clear plastic storage bags. Bursa then opened the other two containers and found more money in plastic bags. Bursa immediately called the city police department. The police responded to the location. Upon examining the money, the officers called for a K-9 unit to determine if any drugs were present. The K-9 arrived and detected the scent of narcotics in the container and on the currency. The police impounded the currency, which totaled $1,489,236. Laboratory tests confirmed the presence of cocaine residue on the packaged currency. On December 22, the police commenced a narcotics forfeiture proceeding in first Superior Court. On December 23, Bursa retained Melissa Hodges of the Mandrich Law Firm and filed a claim for the cash in his individual capacity. The 16th Municipal Court did not file a claim for the money. The city filed an answer to Bursa's claim and moved for summary disposition because the money was generated from narcotics activities and subject to criminal forfeiture. Bursa was acting as the court officer in an official capacity and was not entitled to claim found money as a private citizen. On March 13, the first Superior Court found for the city and dismissed Bursa's action. The court agreed with the city that the money was a result of a criminal enterprise and was forfeited to the city. The court held that Bursa was acting in his capacity as a court officer and discovered the currency in that capacity. Accordingly, Bursa was not to be rewarded for performing his office. Bursa appealed to the 1st District Court of Appeals. The Court of Appeals unanimously affirmed the trial court decision 18 months later. The lead opinion was written by Judge Davis Bryant II. The State Supreme Court denied leave to appeal. Show less
Study the following passage for ten minutes. Then, answer the questions based upon what you have just read. Do not refer back to the passage when answering these questions.
On October 9, Court Officer Edmund Bursa of the 16th Municipal Court was assigned an order of eviction for a residential property at 96 Bloomfield Lane, in the matter of Exclusive Property Management v. Cage and all occupants of 96 Bloomfield Lane.
Bursa traveled to the property and met with the plaintiff's agent, Mark Lewandowski. Lewandowski informed Bursa that the address was vacant and the defendants had moved. What was left at the address was furniture and miscellaneous personal effects. Bursa advised that he must examine the address before returning possession to the plaintiff. Lewandowski advised that his company would remove the contents from the property.
Bloomfield Lane is a six-room colonial-styled two-story home. There are three bedrooms located on the second floor. There is no basement and no garage. In the utility room on the first floor, Bursa located three plastic storage containers. Bursa opened the first container and discovered stacks of money encased in clear plastic storage bags. Bursa then opened the other two containers and found more money in plastic bags.
Bursa immediately called the city police department. The police responded to the location. Upon examining the money, the officers called for a K-9 unit to determine if any drugs were present. The K-9 arrived and detected the scent of narcotics in the container and on the currency. The police impounded the currency, which totaled $1,489,236. Laboratory tests confirmed the presence of cocaine residue on the packaged currency.
On December 22, the police commenced a narcotics forfeiture proceeding in first Superior Court. On December 23, Bursa retained Melissa Hodges of the Mandrich Law Firm and filed a claim for the cash in his individual capacity. The 16th Municipal Court did not file a claim for the money. The city filed an answer to Bursa's claim and moved for summary disposition because the money was generated from narcotics activities and subject to criminal forfeiture. Bursa was acting as the court officer in an official capacity and was not entitled to claim found money as a private citizen.
On March 13, the first Superior Court found for the city and dismissed Bursa's action. The court agreed with the city that the money was a result of a criminal enterprise and was forfeited to the city. The court held that Bursa was acting in his capacity as a court officer and discovered the currency in that capacity. Accordingly, Bursa was not to be rewarded for performing his office. Bursa appealed to the 1st District Court of Appeals.
The Court of Appeals unanimously affirmed the trial court decision 18 months later. The lead opinion was written by Judge Davis Bryant II. The State Supreme Court denied leave to appeal.
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