Duckett v. State

Banke, Judge.

The state filed a libel for the forfeiture of the appellant’s car pursuant to Code § 79A-828, alleging that it had been used for the transportation of more than four ounces of marijuana. This is an appeal from an order granting the petition.

The appellant and three passengers were stopped by police as they drove onto a state highway from a dirt logging road near Jasper, Georgia. The officers were responding to a burglary report at the time and were on the lookout for a small car similar in color to the appellant’s. Also, earlier that day, someone had set fire to a car on the…