SALVATORE RAFFONE, APPELLANT,
v.
FORT LAUDERDALE POLICE DEPARTMENT, APPELLEE
SALVATORE RAFFONE, APPELLANT,
FORT LAUDERDALE POLICE DEPARTMENT, APPELLEE
731 So. 2d 94
Florida District Court of Appeal, Fourth District (1999)
Positive Treatment
Cited by 15 cases
Opinion of the Court
PER CURIAM.
The state concedes that the trial court erred in summarily denying appellant’s motion for return of property. We reverse and remand this matter to the trial court for an evidentiary hearing to determine ownership of the items requested, status and location of the seized property, and a valid basis, if any, for permitting retention of the property by the seizing agency. See Calavenzo v. State, 695 So. 2d 857 (Fla. 4th DCA 1997); Wright v. State, 570 So. 2d 1135 (Fla. 4th DCA 1990).
REVERSED and REMANDED for further proceedings.
KLEIN, TAYLOR and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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Talley v. State, 260 So. 3d 562 (Fla. 3d DCA 2019)
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Basil Burford v. State, 8 So. 3d 478 (Fla. 4th DCA 2009)…to the comment and move for a mistrial. While a motion for mistrial may be made as late as the end of closing argument, a timely objection must be made in order to allow a curative instruction or admonishment to counsel.” [*481] Gutierrez v. State, 731 So. 2d 94, 95 (Fla. 4th DCA 1999) (citation omitted). Burford failed to object to the first comment and, therefore, failed to preserve his challenge. Even if it were preserved, we find the comment is not fairly susceptible of being interpreted as a comment o…
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McKEEVER v. State, 764 So. 2d 688 (Fla. 1st DCA 2000)…e reverse and remand for further proceedings consistent with this opinion. The trial court should have held an evidentiary hearing to determine if the state had a continuing need to retain the property. See Raffone v. Fort Lauderdale Police Dep’t, 731 So. 2d 94, 94 (Fla. 4th DCA 1999); Calavenzo v. State, 695 So. 2d 857, 857 (Fla. 4th DCA 1997). The trial court erred in summarily denying the motion without such a hearing. See Davidson v. State, 751 So. 2d 189, 190 (Fla. 1st DCA 2000) (“[A]ppellant sought r…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Calavenzo v. State, 695 So. 2d 857 (Fla. 4th DCA 1997)
- Butler v. State, 695 So. 2d 857 (Fla. 4th DCA 1997)
- Wright v. State, 570 So. 2d 1135 (Fla. 4th DCA 1990)