Durham v. State

CRAWLEY, Judge.

Brian Johnson Durham (the “son”) and Riley B. Durham (the “father”) appeal from a judgment forfeiting the father’s vehicle, a 1993 Nissan pickup truck, as a result of the son’s using the vehicle in the sale of marijuana. See Ala.Code 1975, § 20-2-93. The Durhams argue that the trial court erred by allowing the introduction of evidence obtained as a result of an unlawful search; by allowing the searching officer to testify that the substance found was indeed marijuana, without a proper predicate; by allowing the introduction of the statements of the son made to police after the…