Tucker v. State

This is a vehicle condemnation case.

The state sought to condemn a particular 1975 Ford Thunderbird automobile under allegations that it was used during the illegal sale of a controlled substance, marijuana. A summons was issued to Tucker and, after being served with process, he filed an answer which denied each allegation of the complaint. An ore tenus trial before the court resulted in a final order of condemnation of the car. Tucker appealed and raises two issues.

I

The only witness to testify was Lance Monley, whose first job in law enforcement was with the police department of the city of…