Dayton Police Department v. Byrd

Froelich, Judge.

{¶ 1} Petitioner-appellant, the Dayton Police Department, appeals from a June 30, 2009 trial court decision denying its petition seeking the forfeiture of a car and cash seized from respondent-appellee, Jason Byrd, upon his arrest for trafficking in marijuana, a fifth-degree felony. For the following reasons, the judgment of the trial court will be affirmed.

I

{¶ 2} The magistrate’s decision set forth the following statement of facts:

{¶ 3} “On February 24, 2008, Dayton Police Officers Spielman and Malson observed a vehicle in the area of West Third Street and James H. McGee.…