NE: Def is presumptively entitled to return of noncontraband property seized from him when his case is over

Defendant is presumptively entitled to return of noncontraband property seized from him when his case is over. “As in State v. Agee, supra, we conclude that once the criminal proceedings against Dubray were concluded, Dubray was presumptively entitled to the return of property seized from him. The State did not overcome that presumption by presenting evidence of a cognizable claim or right of possession adverse to Dubray’s. The district court erred in substantially denying Dubray’s motion without requiring the State to submit such evidence. The district court’s order denying Dubray’s motion is reversed, and the cause is remanded for further proceedings.” State v. Dubray, 24 Neb. App. 67, 2016 Neb. App. LEXIS 118 (June 7, 2016).