Boone v. Sheriff of Lowndes County
Boone v. Sheriff of Lowndes County
Opinion of the Court
In these consolidated cases, Relaford Boone appeals orders finding that $54,055 in cash which he claimed to own but which was seized by and in the custody of the Lowndes County Sheriff was “abandoned” within the meaning of OCGA § 17-5-54 (a) (1). For the reasons set forth below, we reverse.
On June 28, 1995, Lowndes County Sheriff’s deputies stopped a vehicle that was speeding on Interstate 75. During that traffic stop, the deputies discovered small amounts of marijuana on the driver, Frederick Griffin, and his passenger, Cedric Boone. Cedric is the appellant’s son. The deputies also seized $54,055 in cash found within the vehicle. Cedric Boone said the money belonged to Griffin. Griffin denied the money was his.
On July 25,1995, the State through the district attorney brought an in rem forfeiture action seeking to condemn the cash pursuant to OCGA § 16-13-49. Relaford Boone filed an answer, asserting an interest in the cash pursuant to OCGA § 16-13-49 (o) (3). He also asserted counterclaims alleging due process violations and an action in trover pursuant to OCGA § 44-12-150. On September 5, 1995, the State filed a dismissal and moved to dismiss the counterclaims, arguing that counterclaims are not permitted in forfeiture actions.
On September 6,1995 — the day after the State filed its dismis
When the forfeiture court entered its order and final decree, the sheriff moved to stay the enforcement of that order pending the outcome of his case. He also amended his application, asking for a declaratory judgment determining the validity of Boone’s claim to the cash. On January 24, 1996, the forfeiture court entered an order enjoining the enforcement of its final order and decree based on the pendency of the sheriff’s suit. After a year-long period of discovery, the sheriff’s case was set for a bench trial on January 27, 1997. On October 22, 1997, the trial court issued an order invalidating Boone’s claim to the cash, finding the cash “abandoned” within the meaning of OCGA § 17-5-54, and releasing the cash to the sheriff. Based upon the outcome of the sheriff’s case, on November 24, 1997, the forfeiture court entered an order vacating both its order and final decree and previous order enjoining the enforcement of the order and final decree.
Case No. A98A0783
OCGA § 17-5-54 (d) provides that OCGA § 17-5-54 “shall not apply to [any] personal property which is the subject of forfeiture proceedings as otherwise provided by law.” Although “personal property” is not defined in this Code section, the term is broad enough to include cash. See OCGA § 16-13-49 (a) (9) (“ ‘[property’ means anything of value . . . including . . . currency”). The cash at issue in the sheriff’s case was the subject of a pending forfeiture proceeding when the sheriff’s suit was filed. The State’s filing of a dismissal did not terminate the forfeiture proceeding because Boone’s claimed interest in the cash remained to be adjudicated.
Because a forfeiture proceeding “is a special statutory proceed
Because the forfeiture court was required to resolve Boone’s claim to the cash, the forfeiture proceeding remained pending despite the State’s dismissal. Therefore, the sheriff was not authorized to apply for an order disposing of the property pursuant to OCGA § 17-5-54. OCGA § 17-5-54 (d). The sheriff’s application should have been dismissed.
Case No. A98A0784
As set forth above, the State’s dismissal did not terminate the forfeiture proceeding. Because a claim remained to be adjudicated, the State’s dismissal acted only to dismiss any claim to the cash it would have had if the cash had been declared forfeited. See OCGA § 16-13-49 (t) (1). Upon entry of the dismissal, Boone’s claim of ownership was all that remained pending before the court. Moreover, that claim was uncontested because the district attorney did not show that the cash was evidence or remained subject to any future forfeiture proceeding. Because the claim was uncontested, the trial
Finally, because the sheriff’s suit was unauthorized, neither the pendency of that suit nor the final judgment entered in it afforded a basis for staying or vacating the forfeiture court’s order and final decree of January 16, 1996. Consequently, we reverse the forfeiture court’s order of November 24, 1997 to the extent that it vacates the January 16,1996 order and final decree.
Judgments reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.