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Davis v. Georgia

In a forfeiture proceeding, the State failed to demonstrate that drugs police found on the defendant consisted of more than one gram of actual cocaine, pursuant to OCGA § 16-13-49, as the State presented no evidence of the cocaine's purity.

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Following a bench trial in a civil in rem forfeiture proceeding, Kedrick Davis appeals from an order forfeiting $3,415 in currency found on his person by police during a drug investigation. Davis contends that the evidence was insufficient to support a finding that the property was subject to forfeiture under OCGA § 16-13-49. Based on a review of the record, we conclude that the evidence failed to support the order of forfeiture, so we reverse.

The record shows that in February 2010, police were investigating drug activity at a house known to be the location of drug transactions. They followed a vehicle that had been parked in front of the residence to another residence that had been the site of numerous drug arrests. Once the car stopped, officers engaged the driver, Davis, who was cooperative with their questions. Davis agreed to the officers’ request to search the vehicle, and the officers found “approximately 1.0 grams of cocaine on the passenger floorboard of the vehicle.” Davis was arrested, and a subsequent search of his person revealed $3,415 in currency in his pants pockets.

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