State v. Brighter

OPINION OF THE COURT BY

PADGETT, J.

This is an appeal from an order denying the return to appellant of property seized by police from his father’s house when after two-and-a-half years, the evidence had been suppressed, the prosecution dropped and all the property except “contraband” ordered returned. We hold that there was no competent evidence to support the order below, that the State had the burden of proof which it failed to meet and consequently, we reverse for further proceedings.

The property in question was seized by the police from the residence of Appellant Brighter’s father. Some…