State v. Clark

Dyke, Judge.

Appellant, state of Ohio, appeals the judgment entered by the Cuyahoga County Court of Common Pleas denying its application for forfeiture of $18,628.

Appellee Charles Clark and his brother, Gregory Clark, were indicted under a two-count indictment alleging the offense of possession of criminal tools (R.C. 2923.24) to wit: scales and strainer under count one, and guns and sawed-off shotgun under count two.

The charges stemmed from a search conducted of appellee’s home. The warrant sought permission to search the premises for cocaine. The police did not discover any cocaine but did…