In re $593 US Currency Seized From Moore

Citations

• 2017 Ohio 7330

Syllabus

PLAIN ERROR - SUBJECT-MATTER JURISDICITION - CIVIL FORFEITURE - NOTICE: The plain-error doctrine does not apply where the trial court has considered and ruled upon an objection. The trial court had subject-matter jurisdiction over the forfeiture proceeding former R.C. 2981.05(A) conferred the authority on the common pleas court to hear and adjudicate a civil forfeiture action. The trial court erred in ordering a forfeiture where the state failed to comply with the notice requirements in former R.C. 2981.05(B): forfeiture statutes are in derogation of private-property rights and must be strictly construed, and the notice requirements in former R.C. 2981.05(B) were mandatory.