In re 1988 Chevrolet ½ PU, VIN

HATHAWAY, Judge.

This appeal is taken from the trial court’s conclusion that appellant failed to carry her burden of proof in a forfeiture case. Appellant permitted her brother to use her pickup truck. He was stopped for speeding, and when the officer approached the truck, he smelled and then found a quantity of marijuana in the truck. The state sought foi’fei-ture of the truck, which appellant contested, claiming that she did not know nor should she have known that her brother would transport marijuana in it. The trial court ordered forfeiture and this appeal followed.

The state argues that…