Herrington v. State

Ruffin, Judge.

The State filed a complaint instituting in rem forfeiture proceedings pursuant to OCGA § 16-13-49 against a 1991 Chevrolet Silver-ado truck owned by David Herrington. The State instituted the proceedings after a May 1995 search of the vehicle produced 3.96 ounces of marijuana. After a bench trial, the trial court determined that the vehicle stop and search were valid and that the vehicle was being used to facilitate a sale of marijuana. The trial court forfeited the property to the State. Herrington appeals, alleging an illegal pretextual stop. For the reasons which follow, we…