Wherry v. State Ex Rel. Brooks

Following an ore tenus proceeding, the trial court entered a judgment, condemning and forfeiting $9,828 in United States currency pursuant to § 20-2-93, Ala. Code 1975. The currency was seized from the residence and person of Maurice Wherry during Wherry's arrest for possession of cocaine. Section20-2-93(a)(4), as amended in 1988, subjects to forfeiture any money used or intended to be used to facilitate a violation of any law of this state concerning controlled substances.

Wherry appeals, contending that the search of his residence and his person and the seizure of the money were illegal;…