About The champion newspaper. (Decatur, GA) 19??-current | View Entire Issue (July 3, 2014)
www.championnewspaper.com The Champion Legal Sec ion, Thursday, July 3, 2014 Page 5C cifically in the area of I-85 north, South of Chamblee Tucker Road, Of ficer Taylor observed a gray Honda Accord traveling in the center lane faster than all the other traffic. Of ficer Taylor, who was in a marked Po lice vehicle, got behind the Honda and began to pace it. He paced the Honda at 70 miles an hour in a pos ted 55 mile per hour speed zone. Due to this infraction, the Officer ac tivated his lights to conduct a traffic stop for Speeding. Upon the vehicle maneuvering to the shoulder of the road, the Officer observed the back seat passenger moving from the far right to the far left. His movement, which lasted for approximately 40 seconds, was so aggressive that it was causing the vehicle to rock from side to side. Due to this suspicious behavior, Of ficer Huckabey arrived at the loca tion to assist with the traffic stop. Upon approaching the vehicle, Of ficer Taylor requested the drivers’ li cense, at which time the driver gave the Officer his license and requested to know why he was being pulled over. He was advised of his infrac tion, which he responded, "Yeah, I was going a little too fast." While Of ficer Huckabey was talking with the back seat passenger, Officer Taylor shined his flash light into the back seat, at which time he observed, in plain view, a square duct taped pack age on the floor between the back seat passenger's feet. Due to the Of ficers training and experience, they had suspicion to believe the package was a "kilo" of Cocaine. The Officers requested for the occupants to step out of the vehicle, at which time Of ficer Taylor retrieved the package and asked the driver, who was identi fied as Felipe Sanchez-Villa, if it be longed to him, at which he respon ded "No, I don't know what that is." Officer Taylor then showed the pack age to the passenger, who was iden tified as Adolfo Valdovinos-Larios and asked if it was his, to which he shook his head no. Upon inspecting the item, it was clear that it was in deed a kilo of Cocaine and upon opening the package it was confirmed that it was Cocaine. The occupants were then taken into cus tody. Upon conducting an inventory search of the vehicle, to prepare it for towing, the Officers located two hid den compartments in the back seat which contained 8 additional kilo gram packages of Cocaine. They seized an undetermined amount of USC, which was located in both Sanchez-Villa and Valdovinos- Larios wallets, which were located in the vehicle. ++Sanchez-Villa and Valdovinos- Larios++ were arrested and trans ported to DeKalb County Jail. The U.S. currency was transported to BB&T Bank where it was counted by an employee and determined to be $4,073.00. The currency was then deposited in an account at the bank. Sanchez-Villa and Valdovinos-Larios were charged with Violation of the Georgia Controlled Substances Act. The cocaine is subject to forfeiture pursuant to O.C.G.A. § 16-13- 49(d)(1). The currency is subject to forfeiture pursuant to O.C.G.A. § 16- 13-49(d)(2). The vehicle is subject to forfeiture pursuant to O.C.G.A. § 16- 1349(d)(2), (d)(3) and (d)(6). The weapon is subject to forfeiture pursu ant to O.C.G.A. §16-1349(d)(4). Pursuant to O.C.G.A. § 16-13- 49(n)(3), any claim to the seized property must be sent within thirty days to the seizing law enforcement agency AND to Deputy Chief Assist ant District Attorney, Kenneth Hutcherson, by certified mail, return receipt requested. Robert D. James (Ga. Bar No. 389148) District Attorney Stone Mountain Judicial Circuit By: Kenneth Hutcherson Georgia Bar No. 380263 Deputy Chief Assistant District Attorney Stone Mountain Judicial Circuit 556 N. McDonough Street, Suite 700 Decatur, Georgia 30030-3355 Email: klhutcherson@dekalbcountyga.gov Main Office: (404) 371-2561 Fax: (404) 371-2981 050-359585 6/19,6/26,7/3JH In re: APPROXIMATELY 5,549.6 GRAMS OF COCAINE; etal. NOTICE OF SEIZURE OF PERSONAL PROPERTY VALUED AT $25,000.00 OR LESS TO: ALL PERSONS CLAIMING AN INTEREST IN PROPERTY DE SCRIBED BELOW Pursuant to O.C.G.A. § 16-13-49(n), you are hereby notified that on April 10, 2014, the property described be low was seized at I-285 South and Memorial Drive, DeKalb County, Georgia by Detective M.B. Campbell of the DeKalb County Police Depart ment: a. Approximately 5,549.6 grams of cocaine; and b. Seven thousand one hundred dol lars ($7,100.00) in U.S. Currency. Conduct giving rise to said seizure was as follows: Said property: a. was directly or indirectly used or in tended for use to facilitate a violation of the Georgia Controlled Sub stances Act, O.C.G.A. § 16-13-30, more specifically, the possession, distribution, sale, or delivery of co caine. b. was found in close proximity to said cocaine; or c. represents proceeds derived or realized from said violation(s) of the Georgia Controlled Substances Act. More specifically, on April 10, 2014, Officer Taylor was patrolling unincor porated DeKalb County, specifically in the area of I-285 East near Chamblee Tucker Rd., when He ob served a dark gray taxi, traveling in the far left lane. The taxi was travel ing faster than all the other traffic. The taxi began driving aggressively, moving back and forth in the two left lanes passing traffic and tailgating the vehicles in front of it. The Officer moved in behind the taxi just north of the North Lake Parkway overpass and began to pace it just south of North Lake Parkway to the Highway 78 exit, at which time he observed the taxi was traveling 75 miles an hour in a posted 55 mile an hour speed zone. Officer Taylor conduc ted a traffic stop on I-285 south at the exit ramp to Memorial Drive. Officer Taylor walked up to the open driver's window and asked the driver, who was identified as Dennis Mesa Monsalve, for his license and taxi permit. He gave the Officer his li cense but advised his taxi permit was expired. Officer Taylor observed there to be a front seat passenger, Michael Veasey, and a right rear seat passenger Gregory Morris. Upon run ning Monsalve license on GCIC, it showed him to be wanted out of Gwinnett County. Monsalve was taken into custody and upon Officer Taylor opening the trunk of the taxi, to conduct an inventory search; Monsalve immediately ad vised Taylor that the bag in the trunk belonged to the rear seat passenger, Gregory Morris. Upon looking into the trunk, Taylor located a black back pack. When asked, all occupants denied ownership of the black back pack. Upon opening the back pack He located five shrink wrapped kilo gram sized packages of Cocaine (5,549.6 grams). At this time, the two passengers were handcuffed. I asked all three occupants if the back pack was theirs, at which time all three said "No,” and the driver stated, "He put a bag in the trunk when I picked him up," indicating Morris. Morris began sweating profusely and he began complaining that he was dizzy and needed to sit down. Taylor sat Morris down on the side of the road. Morris then began complaining of shortness of breath and lay down on his back. He was asked if he needed an ambulance, he said "No, I just need to lie down for a minute." Mor ris then stomped his feet on the ground and yelled at the driver "Why the Fuck were you speeding!" The driver responded, "You know that is yours, tell him that you put that in there." Morris did not respond. Morris was arrested and taken to DeKalb County Jail for Trafficking Co caine. Upon Narcotics Detective Campbell responding to the traffic stop, He con ducted an investigation which yiel ded the evidence that Monsalve had driven his taxi to pick up Morris from his residence at 2133 Whites Mill Rd., Decatur, and Monsalve advised that Morris had exited the residence with the black back pack and reques ted for Monslave to open the trunk at which time he placed the back pack in the trunk. Due to this information, on April 11, 2014, He went to Morris’ residence at 2133 Whites Mill Rd. Decatur, to conduct a knock and talk, at which time Campbell made con tact with Morris’ wife, letta Mathis who advised that she did reside at the location. She was informed of Morris’ charges and was asked if there were any illegal narcotics or large sums of USC inside the resid ence, at which time she advised she had no knowledge of each. She then gave a verbal and written consent to search of the location. Upon conduct ing a search of the location, they loc ated an undetermined amount of USC, which was located in the mas ter bedroom dresser drawer. Upon in quiring about the ownership of the USC, Mrs. Mathis advised that it did not belong to her and signed a Dis claimer of Ownership Form. The U.S. currency was transported to BB&T Bank where it was counted by an employee and determined to be $7,100.00. The currency was then deposited in an account at the bank. ++Morris and Mathis++ were charged with Violation of the Georgia Controlled Substances Act. The co caine is subject to forfeiture pursuant to O.C.G.A. § 16-1349(d)(1). The currency is subject to forfeiture pursu ant to O.C.G.A. § 16-1349(d)(2). Pursuant to O.C.G.A. § 16-13- 49(n)(3), any claim to the seized property must be sent within thirty days to the seizing law enforcement agency AND to Deputy Chief Assist ant District Attorney, Kenneth Hutcherson, by certified mail, return receipt reques ted. Robert D. James (Ga. Bar No. 389148) District Attorney Stone Mountain Judicial Circuit By: Kenneth Hutcherson Georgia Bar No. 380263 Deputy Chief Assistant District Attorney Stone Mountain Judicial Circuit 556 N. McDonough Street, Suite 700 Decatur, Georgia 30030-3355 Email: klhutcherson@dekalbcountyga.gov Main Office: (404) 371-2561 Fax: (404) 371-2981 050-359586 6/19,6/26,7/3JH In re: APPROXIMATELY 13 GRAMS OF METHAMPHETAMINE; et al. NOTICE OF SEIZURE OF PERSONAL PROPERTY VALUED AT $25,000.00 OR LESS TO: ALL PERSONS CLAIMING AN INTEREST IN PROPERTY DE SCRIBED BELOW Pursuant to O.C.G.A. § 16-13-49(n), you are hereby notified that on April 18, 2014, the property described be low was seized at I-285 Northbound near Memorial Drive, DeKalb County, Georgia by Detective E.J. Bess of the DeKalb County Police Department: a. Approximately 13 grams of methamphetamine; and b. Eight hundred sixty five dollars ($865.00) in U.S. Currency. Conduct giving rise to said seizure was as follows: Said property: a. was directly or indirectly used or in tended for use to facilitate a violation of the Georgia Controlled Sub stances Act, O.C.G.A. § 16-13-30, more specifically, the possession, distribution, sale, or delivery of methamphetamine. b. was found in close proximity to said methamphetamine; or c. represents proceeds derived or realized from said violation(s) of the Georgia Controlled Substances Act. More specifically, on April 18, 2014, Officer Curtis, while conducting speed enforcement on I-285 north bound near Memorial Drive, ob served a vehicle approaching in lane #1 at a high rate of speed. She placed her laser on the vehicle, and received a reading of 81 mph in a marked 55 mph zone at a distance of 444.0 feet with approximately 1300 feet of visibility. A traffic stop was conducted on the vehicle for this in fraction at which time the Officer made contact with the driver and sole occupant, ++Monte Arnaz Price.++ Upon receiving his license he was advised why he was pulled over, at which time he advised he had just come from the club, The Cave, and was trying to beat his girlfriend home. Although he was smoking a cigar, the Officer detected a strong odor of al cohol coming from his breath as he spoke and she noticed that his eyes were bloodshot and watery. Upon in quiring if he had been drinking, he first said No but then admitted to hav ing a 22-ounce Icehouse beer sever al hours earlier. He was then reques ted to exit the vehicle, where a field sobriety evaluation was performed which resulted in Price being arres ted for driving while under the influ ence of alcohol. While conducting a search of the vehicle, incident to his arrest, the Officers located a small 50mL bottle of vodka that was open and empty in front of the driver seat on the floorboard. Upon searching the center console, they located three (3) small plastic bags containing a total of 13 grams of methamphetam ine and two (2) black scales. They seized an undetermined amount of USC which was located in his pocket. Price was arrested and transported to DeKalb County Jail. The U.S. cur rency was transported to BB&T Bank where it was counted by an employ ee and determined to be $865.00. The currency was then deposited in an account at the bank. Price was charged with Violation of the Georgia Controlled Substances Act. The methamphetamine is sub ject to forfeiture pursuant to O.C.G.A. § 16-1349(d)(1). The currency is subject to forfeiture pursuant to O.C.G.A. § 16-13-49(d)(2). Pursuant to O.C.G.A. § 16-13- 49(n)(3), any claim to the seized property must be sent within thirty days to the seizing law enforcement agency AND to Deputy Chief Assist ant District Attorney, Kenneth Hutcherson, by certified mail, return receipt requested. Robert D. James (Ga. Bar No. 389148) District Attorney Stone Mountain Judicial Circuit By: Kenneth Hutcherson Georgia Bar No. 380263 Deputy Chief Assistant District Attorney Stone Mountain Judicial Circuit 556 N. McDonough Street, Suite 700 Decatur, Georgia 30030-3355 Email: klhutcherson@dekalbcountyga.gov Main Office: (404) 371-2561 Fax: (404) 371-2981 050-359716 6/26,7/3,7/10JH COMPLAINT FOR FORFEITURE IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA CIVIL ACTION FILE NO. ++13CV8272-4++ STATE OF GEORGIA, Plaintiff, v. APPROXIMATELY 238.7 GRAMS OF COCAINE; AND SIXTY ONE THOUSAND FOUR HUNDRED SIXTY FOUR DOLLARS ($61,464.00) IN U.S. CURRENCY; AND SHARP LED TELEVISION W/ REMOTE, SER# 212829909; AND SONY BLUE RAY PLAYER W/ RE MOTE, SER# 1037616; AND APPPLE I-PAD (16GB), SER# DMP- KHPH9F182. Defendants, in rem. Plaintiff, the State of Georgia, by and through Robert D. James, District At torney of the Stone Mountain Judi cial Circuit, hereby brings this Com plaint pursuant to O.C.G.A. § 16-13- 49(o), and shows the Court the fol lowing: 1. The Defendant Property sought to be forfeited is described as follows: a. Approximately 238.7 grams of co caine; and b. Approximately 8.42 ounces of marijuana; and c. Sixty one thousand four hundred sixty four dollars ($61,464.00) in U.S. Currency; and d. Sharp LED Television w/ remote, SER# 212829909; and e. Sony Blue Ray Player w/ remote, SER# 1037616; and f. Apple I-PAD (16GB), SER# DMP- KHPH9PF182. 2. The Defendant Property in Para graph One was seized by Detective C. M. Forsberg of the DeKalb County Police Department, pursuant to law ful authority on May 9, 2013 at 18310 Kensington Point, Lithonia, DeKalb County, Georgia. 3. The DeKalb County Police Depart ment reported the fact of seizure, in writing on May 22, 2013, which is within twenty days of seizure. 4. The Defendant Currency is presently located at the DeKalb County Police Department Seizure Account, BB&T Bank, DeKalb County, Georgia, and is subject to the jurisdiction of this Court. 5. Names and addresses of all known purported owners of the Defendant Property are as follows: Kenneth Davis 18310 Kensington Point Lithonia, Georgia 30058 6. Names and addresses of all known holders of interest of the Defendant Property are as follows: Kenneth Davis 18310 Kensington Point Lithonia, Georgia 30058 7. On May 9, 2013, Officer Fulton re sponded to a call at 18310 Kensing ton Pt., Lithonia, in reference to a concerned DeKalb County citizen calling to report that a male subject, Kenneth Davis, was residing at the location and was wanted for Narcot ics and weapons violations. The caller advised that Davis was sitting in front of his apartment in a 2013 white Chrysler 300. The warrant was confirmed and it also advised that Davis was considered armed and dangerous. 8. Upon the Officers arrival, they ob served the vehicle to be unoccupied, but upon the operator contacting the caller, they advised that Davis had gone into his apartment: #18310. Upon the Officers approaching the door to Apt. 18310, they observed there to be a very strong odor of Marijuana emitting from the interior of the apartment. They also observed there to be talking by the occupants of the apartment. Officer Fulton knocked on the door, approximately four different times, and stated "DeKalb County Police." After knock ing on the door the first time, he heard what appeared to be running and shuffling as if someone in the in side was attempting to conceal something. Moments later Davis answered the front door with one hand behind the door. He was asked his name, at which time he advised, "Mr. Kenneth Davis." He then took a few steps back into the living room as if he was attempting to run or launch an attack on the Officers. Due to this maneuver, the Officer immediately detained him. They inquired if any one else was inside of the location, which he failed to answer. Due to his failure to answer, for Officer Safety, the Officers conducted a security sweep of the apartment. Upon enter ing the rear bedroom, they observed two (2) male subjects: Anthony Ellis on and Issac Coleman. Both sub jects were detained while the Of ficers continued to search the loca tion for any other subjects. Upon en tering the bedroom closet, Officer Fulton observed, in plain view sitting on top of a pair of shoes, a large zip lock bag containing 8.42 ounces of Marijuana. After conducting the se curity sweep, they contacted Detect ive Forsberg of the DeKalb County Narcotics Unit due to the large amount of Marijuana that was ob served in the closet. 9. Upon Detective Forsberg arriving to the location, and being briefed on the Officers findings, a search warrant was applied for and approved. Upon executing the search warrant, they located 238.7 grams of Cocaine which was located in a coat pocket in the bedroom closet and in the dryer. They seized a Sharp LED television, a Sony Blue Ray Player and an I- PAD which was located in the com mon areas of the apartment. They also seized an undetermined amount of U.S. currency which was located in the bedroom closet and in the freez er. 10. Davis was arrested and transported to the DeKalb County Jail. The U.S. currency was transported to BB&T Bank where it was counted by an em ployee and determined to be $61,646.00. The currency was then deposited in an account at the bank. 11. Davis was arrested and charged with Violation of the Georgia Controlled Substances Act. 12. The Defendant Currency is seized pursuant to O.C.G.A. § 16-13- 49(d)(2). 13. Said Defendant Property is contra band and should be forfeited to the State of Georgia pursuant to the pro visions of O.C.G.A. § 16-13-49, in that said Property represents pro ceeds derived or realized from a viol ation of the Georgia Controlled Sub stances Act, O.C.G.A. § 16-13-30. 14. Said Defendant Property is contra band and should be forfeited to the State of Georgia pursuant to the pro visions of O.C.G.A. § 16-13-49, in that said Property was used or inten ded for use to facilitate a violation of the Georgia Controlled Substances Act, O.C.G.A.§ 16-13-30. 15. Said Defendant Property is contra band and should be forfeited to the State of Georgia pursuant to the pro visions of O.C.G.A. § 16-13-49, in that said Property was found in close proximity to marijuana. WHEREFORE THE STATE OF GEORGIA PRAYS: 1) that all owners and interest hold ers listed above be personally served with a copy of the Complaint and Summons; 2) that the custodian of the Defend ant Property listed above be person ally served with a copy of the Com plaint and Summons and be ordered to maintain possession of the Prop erty pending further Order of Court; 3) that any and all known and un known persons claiming an interest in the Defendant Property listed above be served by publication as provided in O.C.G.A. § 16-1349(o)(2)(B); 4) that the Court enter a judgment in favor of the State of Georgia declar ing said Defendant Property forfeited to the State of Georgia; and in the event that no claimant files an An swer in accordance with the specific statutory requirements of O.C.G.A. § 16-13-49(o)(3), that the Court order the immediate disposition of the seized and forfeited property in accordance with subsection (o)(4); 5) that the Court order any claimant who fails to establish that a substan tial portion of the claimant's interest is exempt from forfeiture to pay to the State of Georgia the actual costs in curred in the investigation and pro secution of this action including reas onable attorney's fees as provided by O.C.G.A. § 16-13-49(t)(3); 6) that the Court retain jurisdiction to direct the proper disposition and dis tribution of the Property which is for feited as provided by O.C.G.A. § 16- 13-49(u)(4); and 7) that the State of Georgia be af forded such other relief and remed ies as are available under law. Robert D. James (Ga. Bar No. 389148) District Attorney Stone Mountain Judicial Circuit By: Kenneth Hutcherson Georgia Bar No. 380263 Deputy Chief Assistant District Attorney Stone Mountain Judicial Circuit 556 N. McDonough Street, Suite 700 Decatur, Georgia 30030-3355 Email: klhutcherson@dekalbcountyga.gov Main Office: (404) 371-2561 Fax: (404) 371-2981 050-359755 6/26,7/3JH NOTICE OF SUMMONS In the Superior Court of DeKalb County State of Georgia Civil Action File No. ++13CV6308-9++ State of Georgia, Plaintiff v. Approximately less than an ounce of marijuana; and 2006 Mercedes Benz CLS500C, VIN# WDDDJ75X16A018738 Defendants, in rem. TO: ALL PERSONS CLAIMING AN INTEREST IN DEFENDANT PROP ERTY You are hereby notified that the above-styled action seeking the for feiture of certain property more partic ularly described as follows was filed in this Court on June 4, 2013, pursu ant to O.C.G.A. § 16-14-7, § 16-8-5.2 and § 16-9-4: a. 2006 Mercedes Benz CLS500C VIN# WDDDJ75X16A018738 Said action alleges that there may have an interest in said property. You are further notified that by reason of an order for service of summons by publication entered by the Court on the 13th day of June, 2013, you are hereby commanded and required to file with the acting Clerk of said Court and serve upon Kenneth Hutcherson, Deputy Chief Assistant District Attor ney, Stone Mountain Judicial Circuit, 556 N. McDonough Street, Suite 700, Decatur, GA 30030 an answer to the Complaint within thirty (30) days of the date of final publication. Witness the Honorable Mark An thony Scott, Judge of said Court. This the 14th day of June, 2013. Debra Deberry, Clerk Superior Court of DeKalb County Room 203 DeKalb County Courthouse Decatur, Georgia 30030 Stone Mountain Judicial Circuit 050-359777 7/3,7/10,7/17JH In re: APPROXIMATELY 550.59 GRAMS OF MARIJUANA; et al. NOTICE OF SEIZURE OF PERSONAL PROPERTY VALUED AT $25,000.00 OR LESS TO: ALL PERSONS CLAIMING AN INTEREST IN PROPERTY DE SCRIBED BELOW Pursuant to O.C.G.A. § 16-13-49(n), you are hereby notified that on March 19, 2014, the property described be low was seized at 1580 Dixie Street, Apt. #10, DeKalb County, Georgia by Officer Tolliver of the Atlanta Police Department: a. Approximately 550.59 grams of marijuana; and b. Two thousand three hundred forty two dollars ($2,342.00) in U.S. Cur rency; and c. Samsung cell phone, Model# SPH- M270; and d. Samsung camera, Model# WB250F; and e. Apple Ipod, Model# A1238; and f. Apple Ipod, Model# A1285; and g. Apple Ipod Touch, Model# A1509; and h. Samsung Cell phone, Model# XE500TIC; and i. Apple Ipad, Model# A1432; and j. Samsung Tablet, Model# XE500TIC; and k. Panasonic 42” TV, Model# TC42PX14; and l. LG 55” TV, Model# 55LN5100; and m. LG 26” TV, Model# 26LH20; and n. Samsung 26” TV, Model# LNT2642H; and o. LG 50” TV, Model# 50PN4500; and p. Sony Playstation 3; and q. Alcatel cell phone, Model# 5020N; and r. Samsung cell phone, Model# SCHR920; and s. Zten cell phone, Model# ZTEN9100; and t. Canon Video Camera, Model# FS100; and u. QSEE Security Cameras, Model# QSM1424W; and v. Apple Iphone, Model# A1332. Conduct giving rise to said seizure was as follows: Said property: a. was directly or indirectly used or in tended for use to facilitate a violation of the Georgia Controlled Sub stances Act, O.C.G.A. § 16-13-30, more specifically, the possession, distribution, sale, or delivery of marijuana. b. was found in close proximity to said marijuana; or c. represents proceeds derived or realized from said violation(s) of the Georgia Controlled Substances Act. More specifically, on March 19, 2014 Atlanta Police Department executed a search warrant at 1580 Dixie Street, Apt. #10, Atlanta, Georgia 30317. Upon entry into the residence Atlanta Police cleared the residence and found no one to be inside the residence. During search of the resid ence Atlanta Police recovered 550.59 grams of marijuana, $2,342.00 in U.S. Currency, and 8mm starter pis tol, electronics, vacuum sealer, pack aging material, digital scales, 4 pre scription bottles belonging to ++Jer- maine Berry++. Vile containing an unknown substance and security cameras were also found. Atlanta Po lice observed a red Dodge Ram tag# PQN4432 parked directly in front of the apartment door and could smell a strong odor of marijuana emanating from the vehicle. Atlanta Police knew this vehicle was associated with the target location due to the vehicle be ing parked in the exact same spot previously and seeing it entering and leaving the location on several occa sions during surveillance and the tag was registered to Jermaine Berry. The K9 alerted on the vehicle and At lanta Police obtained a search war rant and entered the vehicle and re covered electronics, insurance paper work belonging to Jermaine Berry, marijuana cigarette 1.1 grams, 17 opened vacuum sealed bags with marijuana residue. (These bags matched the vacuum bags located in side the target location with marijuana in them). All illegal narcot ics, money and other recovered items were placed into Atlanta Police Prop erty. All parties were charged accord ingly. Berry was charged with Violation of the Georgia Controlled Substances Act. The marijuana is subject to for feiture pursuant to O.C.G.A. § 16-13- 49(d)(1). The currency is subject to forfeiture pursuant to O.C.G.A. § 16- 13-49(d)(2). Pursuant to O.C.G.A. § 16-13- 49(n)(3), any claim to the seized
