State of Texas v. $1,760.00 in United States Currency, 37 "8" Liner MacHines

This is a civil forfeiture case involving the seizure of thirty-seven gaming machines, commonly known as “eight-liners,” by the State of Texas after the Tarrant County Sheriffs Department obtained and executed a warrant to search the Magic Games Game Room owned by Sammy Dean Barnes. The Texas Penal Code excludes from the definition of “gambling device” certain contrivances that reward players “exclusively with noncash merchandise prizes, toys, or novelties, or a representation of value redeemable for those items.” Tex. Penal Code § 47.01(4)(B). Barnes challenges the seizure, arguing that his…