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Tuggle v. State
Citations: 480 S.E.2d 353; 224 Ga. App. 353; 97 Fulton County D. Rep. 312; 1997 Ga. App. LEXIS 69Docket: A96A2389
Court: Court of Appeals of Georgia; January 24, 1997; Georgia; State Appellate Court
On August 7, 1995, Officer J.J. Davis conducted a traffic stop on a Buick LeSabre, leading to the arrest of the driver and subsequent interaction with passengers, including Cedric Tuggle. Tuggle attempted to flee but was apprehended, resulting in the discovery of $995 in cash and 26 grams of crack cocaine concealed on his person. The State initiated a forfeiture process concerning the seized currency and a cellular phone, to which Tuggle responded with a verified claim, asserting ownership based on savings from various jobs. Tuggle moved to dismiss the State's notice of seizure and suppress evidence from his arrest, while the State sought a judgment of forfeiture, arguing that Tuggle's response did not meet the pleading requirements of OCGA 16-13-49. Following a hearing, the trial court denied Tuggle's motions, ruled he lacked standing to contest the forfeiture, and granted the State’s complaint. The court found Tuggle's answer insufficient, particularly noting his failure to detail the nature and circumstances of his claim to ownership, as mandated by the statute. Specifically, Tuggle did not provide necessary information about his employment history or the legitimacy of his claim, which led to the conclusion that his answer did not satisfy the legal requirements for contesting the forfeiture. In *State of Ga. v. Cannon*, the court addressed the failure of Tuggle to comply with the pleading requirements of OCGA 16-13-49(n)(4) in his response to an in rem forfeiture petition. Tuggle's answer lacked factual support for his claims of innocent ownership, merely citing the relevant statutory provision without evidence. This non-compliance was deemed equivalent to not filing an answer at all, leading to the conclusion that Tuggle did not establish standing to contest the forfeiture, thus affirming the trial court's judgment in favor of the State. The court noted that it need not address other grounds for the forfeiture judgment or Tuggle's objections regarding evidence admissibility since the standing issue was decisive. Although claimants can challenge the legality of an underlying search in civil forfeiture actions, the court found that Tuggle's lack of a legally sufficient answer precluded consideration of his motion to suppress. Consequently, the court vacated the part of the trial court's order addressing Tuggle's motion to suppress, allowing him the opportunity to refile in any related criminal proceedings. The judgment was affirmed in part and vacated in part. The focus was solely on the currency involved, as it was the only property addressed in the appeal.