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State v. Marshall6/3/2005
forfeiture under this chapter may be seized by . . . any law enforcement officer when acting pursuant to a lawful arrest or search[.]") (emphasis added). In fact, Tennessee Code Annotated section 39-11-708 contemplates seizures and forfeitures that are "part of a criminal prosecution," as well as those which are not part of a criminal prosecution. See Tenn. Code Ann. § 39-11-708(b), (c), (d) (2003). The legislature has made its intent clear: "protect bona fide interest holders and innocent owners of property" under Chapter 11. See Tenn. Code Ann. § 39-11-701(c) (2003) (emphasis added); State v. A Tract of Land Known as 141 Belle Forest Circle, No. M2000-01827-CCA-R3-CD, 2001 WL 1517028, at *4 (Tenn. Crim. App. Nov. 29, 2001) (" f neither an innocent owner nor interest holder as defined in the 1998 Act, the appellant is not afforded protection under the Act.") (emphasis added). The only explanation in the record for the appellant's possession of the money is his statement to officers that he won it "playing the numbers" and "shooting dice;" therefore, he is not an "innocent owner" and has not shown that he is entitled to the forfeited money.
CONCLUSION
Following our review, we affirm the order of the trial court.
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