Dean v. Gober

Benham, Chief Justice.

Prior to the initiation of the action leading to this appeal, Gober was arrested and prosecuted for possession of methamphetamine based on a “reverse sting” in which he bought an ounce of methamphetamine from an undercover officer. During the pendency of his prosecution, Gober filed an action for mandamus seeking an order requiring Dean, Chief of the Gwinnett County Police Department, to destroy the evidence on which Gober’s prosecution was premised. The legal basis Gober asserted for his petition was the requirement in OCGA § 16-13-49 (u) (1) that any forfeited…