JACKSON v. EVANS

78-264.

379 So.2d 1236 (1979)

Marvin JACKSON v. James H. EVANS, as District Attorney, etc.

Supreme Court of Alabama.

Rehearing Denied January 25, 1980.


Attorney(s) appearing for the Case

Sterling G. Culpepper, Jr., of Smith, Bowman, Thagard, Crook & Culpepper, Montgomery, for appellant.

Charles A. Graddick, Atty. Gen., and James F. Hampton, Asst. Atty. Gen., for appellee.


BEATTY, Justice.

Defendant appeals from an order authorizing the condemnation of money. We reverse and remand.

On September 14, 1978, defendant Marvin Jackson was arrested in a Montgomery motel room and charged with the offense of selling a controlled substance. After the arrest, Jackson's rented car, which was parked in the motel parking lot, was searched by agents of the Alabama Alcoholic Beverage Control Board. No drugs or drug paraphernalia were found...

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