Seaman v. State

I must dissent. I would affirm the forfeiture.

1. “Contraband per se is subject to seizure or forfeiture. An article is deemed to be contraband per se if its possession is illegal.” W. Daniel, Ga. Crim. Trial Practice (1989), § 10-2 at 267-268. The videotapes upon which defendant’s conviction rests are contraband. OCGA §§ 16-12-80; 16-12-83. “Derivative contraband is property whose possession is legal but which has been forfeited because used in an illegal manner. A classic example is a vehicle which has been used to transport contraband liquor.” Blackmon v. B.P.O.E., 232 Ga. 671, 672 (1) (208…