Ohio Court of Appeals November 22, 1994, No. 1-94-39. (In Re Forfeiture of One 1988 Mazda 323 Red Four Door)

Hadley, Judge.

Appellant, state of Ohio (“appellant”), appeals from the judgment in the Allen County Court of Common Pleas which ordered a 1988 Mazda 323 automobile of appellee, Gary L. Reinert (“appellee”), returned to him after it had been seized by appellant.

The following facts were elicited at the forfeiture hearing of a 1988 Mazda 323. Trooper David L.