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Dorsey v. State

The grant in a civil forfeiture case of defendant's motion to suppress evidence obtained during a no-knock search warrant did not preclude the state from relitigating his motion to suppress in the criminal case.

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Lloyd Dorsey appeals from the trial court’s order denying his plea of former jeopardy. Dorsey claims the doctrine of collateral estoppel precludes the State from relitigating a motion to suppress in the criminal case against him because a different judge in a civil forfeiture action granted a motion to suppress based on the same evidence. Because we find the collateral estoppel doctrine does not apply in a criminal case following a final judgment in a civil forfeiture action, the trial court properly denied Dorsey’s double jeopardy claim.

The record shows that following the execution of a search warrant, Dorsey was indicted for trafficking in cocaine, possession of cocaine with intent to distribute, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony. The State also filed a civil forfeiture proceeding against $19,175.00 and other various items, such as electronics, jewelry, and guns, found during the search. The State instituted both the criminal action and the civil forfeiture action in Fulton Superior Court, but the two cases were assigned to different judges. On February 14, 2000, Dorsey filed identical motions to suppress in both the criminal and the civil forfeiture action, asserting that the search warrant contained an illegal “no-knock” provision and lacked probable cause.

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