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REL: 12/07/2007

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ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2007-2008 _________________________ 2060479 _________________________ Johnny Wade v. State of Alabama _________________________ 2060504 _________________________ Harlan Barbee v. State of Alabama Appeals from Jefferson Circuit Court, Bessemer Division (CV-05-1590)

2060479; 2060504 MOORE, Judge. Johnny Wade,1 doing business as the Joker's Wild Arcade, appeals from a December 22, 2006, judgment condemning 74 gaming machines and $18,362 in cash seized from the Joker's Wild Arcade. Harlan Barbee, owner of 55 of the gaming We

machines seized, also appeals from that same judgment. affirm. Background

In 2005, Wade owned and operated a gaming arcade located in Hueytown known as the "Joker's Wild Arcade." Seventy-four

gaming machines were located inside the arcade. The Jefferson County Sheriff's Department received an anonymous complaint that the Joker's Wild Arcade was operating a gambling

enterprise and was paying cash prizes.

As a result of that

complaint, Jack Self, a deputy with the Vice and Narcotics Division of the Jefferson County Sheriff's Department, was assigned to investigate the arcade. At the conclusion of his

investigation, Deputy Self completed a report and assisted in drafting a search warrant for the premises of the arcade. On

In the record, Wade's first name is spelled both "Johny" and "Johnny." In this opinion, we use the spelling "Johnny."
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2060479; 2060504 December 1, 2005, members of the Jefferson County Sheriff's Department, headed by Lieutenant Paul Logan, executed the search warrant for the arcade. During that search, the

deputies made a diagram of the establishment and the items found therein. The deputies also took photographs of the locations of the machines, and of the

machines, of the

attendant working at the arcade that day.

The deputies

photographed the apron worn by the attendant; a photograph of that apron revealed that it contained a significant amount of cash. Although numerous vouchers in the amount of $5, good

for additional games at the Joker's Wild Arcade, were found during the search of the arcade, none of those vouchers were found in the attendant's apron; the vouchers were located in a back room at the arcade. The deputies also photographed a sign posted on the wall of the arcade; that sign indicated "No Cash Payouts." The "No Cash Payouts" sign was nearly obstructed from view by other notes that had been posted on top of the sign. Another sign

posted in the Joker's Wild Arcade read: "See Attendant to Cash Out." The view of this sign was completely unobstructed.

Wade and his manager appeared at the scene during the search;

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2060479; 2060504 Wade identified himself as the owner of the arcade and the machines in that establishment. The sheriff's deputies took

a photograph of Wade and of the manager. At the conclusion of the search, the Sheriff's Department seized 74 video gaming machines, $18,362 in cash, and various $5 gift certificates from the arcade. On December 19, 2005, the State filed a petition,

pursuant to

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