Tolliver v. State

Miller, Judge.

Earl Tolliver appeals from a judgment in this forfeiture proceeding denying him enforcement of a security interest he held in a truck owned by his son. The truck was seized following the son’s arrest for drug possession. Since we find that Tolliver had no knowledge of his son’s illegal activity and that he was entitled to assert his security interest in the course of the forfeiture proceeding, we must reverse.

*756The relevant facts are not in dispute. In June 2003, Earl Tolliver sold his 1993 Freightliner truck to his son Randy, who gave a written personal pledge acknowledging his…