Gary v. State

Blackburn, Chief Judge.

Following a bench trial in a civil forfeiture proceeding, the court determined that a Ford F-250 wrecker and $2,164 in U. S. currency were forfeited to the State. The trial court, however, enjoined the State from enforcing the judgment until completion of the appellate process. Kirby Gary filed this appeal to contest the legality of the search of his truck during which plastic bags containing 68.4 grams of methamphetamines were discovered. For the reasons set forth below, we affirm.

In a civil forfeiture proceeding, the trial court sits as the trier of fact, and its…