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The case involves the State's attempt to forfeit Erik A. Branum's vehicle, along with an assault rifle and $44,000 found inside it. Under civil forfeiture laws, the State can take the property if a preponderance of the evidence establishes it was used in drug trafficking.
The trial judge dismissed the case, ruling no probable cause existed to connect Mr. Branam to drug trafficking at the time a sheriff's deputy seized his vehicle without a search warrant. The judge ruled that any evidence connecting Mr. Branam to drug trafficking was only discovered after the vehicle had already been seized. The State appealed that decision to the Supreme Court. |
