JAY WILSON WILLIAMS, APPELLANT,
v.
CLAUDE W. MILLER, SHERIFF OF BREVARD COUNTY, FLORIDA, APPELLEE
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The court affirmed forfeiture of the pickup truck used to transport controlled substances but reversed forfeiture of $1,007.83 found on the appellant because there was insufficient evidence that the money was employed as an instrumentality of a felony.
A vehicle may be forfeited as contraband when there is evidence that it was used to unlawfully transport controlled substances, but money seized from the defendant cannot be forfeited without competent evidence that it was actually employed as an instrumentality in committing a felony.
[1] Money seized from a defendant cannot be forfeited as an instrumentality of a felony without competent evidence that it was actually employed in committing or aiding the c…
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Join FLexlaw to unlock all legal intelligenceLaw enforcement officers conducted a controlled buy of drugs using a searched informant who carried $3,000 in marked funds. The informant had no contr…
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COWART, Judge.
We affirm the forfeiture of appellant’s pickup truck under section 932.703(1), Florida Statutes (1981), because there was evidence from which the trial judge, as trier of the facts, logically deducted the conclusion that appellant unlawfully transported, carried or conveyed (§ 932.702, Fla.Stat. (1981)) in his pickup truck, a controlled substance as defined in chapter 893, Florida Statutes, which is a “contraband article” as defined in section 932.701(2)(a), Florida Statutes (1981). Law enforcement officers testified a searched informant had no dilau-dids on him when he entered appellant’s pickup truck but did when he exited. See In re Forfeiture of 1979 Toyota Corolla Automobile Vin # KE 30619534, 424 So. 2d 922 (Fla. 4th DCA 1982).
In addition to the $3,000 of marked funds given the informant in order to make the “controlled buy” of drugs, when arrested appellant also possessed $1,007.83. However, there was no competent evidence before the trial judge from which to draw a legal conclusion that the $1,007.83 had been, or was actually employed as, an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony, and, therefore, contraband under section 932.701(2)(e), Florida Statutes (1981), and, accordingly, the order forfeiting that money is reversed.
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED FOR FURTHER PROCEEDINGS.
COBB and FRANK D. UPCHURCH, Jr., JJ., concur.
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Medious v. Dep't OF Hwy. Safety & Motor Vehicles, 534 So. 2d 729 (Fla. 5th DCA 1988)…narcotics violation. See Crenshaw v. State, 521 So. 2d 138 (Fla. 1st DCA 1988); Fitzgerald v. Metro-Dade County, 508 So. 2d 747 (Fla. 3d DCA 1987); In re Forfeiture of $7,775.78 U.S. Currency, 477 So. 2d 670 (Fla. 4th DCA 1985); Williams v. Miller, 433 So. 2d 33 (Fla. 5th DCA 1983). . We conclude that Medious failed to rebut the statutory presumption that the spoon shaped piece of jewelry was contraband.…
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The City OF ST. Petersburg Beach v. Jewell, 489 So. 2d 78 (Fla. 2d DCA 1986)…urrency was not shown to have had any connection with any felony involving the unlawful license or title certificate or with any other crime and did not meet the criteria for forfeiture under either of the statutory provisos. See Williams v. Miller, 433 So. 2d 33 (Fla. 5th DCA 1983). The order of the trial court is affirmed. DANAHY, A.C.J., and SANDERLIN, J., concur.…
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Vessel Described AS ONE 36 Foot Mirage v. State, 487 So. 2d 1134 (Fla. 3d DCA 1986)…boat is not subject to forfeiture under Section 932.703(1), Florida Statutes (1983). We find no merit in the appellant’s contentions, Adoue v. State, 408 So. 2d 567 (Fla.1981); Hendrix v. State, 456 So. 2d 494 (Fla. 2d DCA 1984); Williams v. Miller, 433 So. 2d 33 (Fla. 5th DCA 1983); In Re Forfeiture of 1979 Lincoln Continental, 405 So. 2d 249 (Fla. 3d DCA 1981); Gomez v. State, 402 So. 2d 1239 (Fla. 3d DCA 1981), and therefore the final judgment of forfeiture be and the same is hereby affirmed. Affirmed.…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In re Forfeiture OF 1979 Toyota Corolla Auto. VIN # KE30619534, 424 So. 2d 922 (Fla. 4th DCA 1982)