SYDNEY SMITH
v.
THE STATE OF FLORIDA
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Property seized in connection with a criminal proceeding vests permanently in the law enforcement agency 60 days after the conclusion of the criminal proceeding unless the seizure was for non-investigative or non-evidentiary purposes, in which case a 4-year statute of limitations applies.
[1] A trial court retains inherent authority over property seized in connection with a criminal proceeding, even after the prosecution has concluded.
[2] A motion for the return of seized property must be filed within sixty days after the conclusion of the criminal proceeding.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Section 705.105(1) provides that the title to property seized in connection with a criminal proceeding shall vest permanently in the law enforcement agency sixty days after the conclusion of the criminal proceeding. Thus, in order to seek the return of seized property, a defendant must file a motion within that sixty-day period.”
Court citation to Davis v. State explaining the operation of the 60-day vesting statute
Sydney Smith sought return of property seized in connection with a criminal proceeding. The case involved application of Florida's statutory framework…
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PER CURIAM.
Affirmed. See § 705.105, Fla. Stat. (2017); Davis v. State, 198 So. 3d 1070, 1072 (Fla. 5th DCA 2016) ("Section 705.105(1) provides that the title to property seized in connection with a criminal proceeding shall vest permanently in the law enforcement agency sixty days after the conclusion of the criminal proceeding. Thus, in order to seek the return of seized property, a defendant must file a motion within that sixty-day period."); Shirah
v. State, 312 So. 3d 1054, 1055-56 (Fla. 1st DCA 2021) ("The 60-day vesting
does not apply, however, if the property was seized for non-investigative or non-evidentiary purposes. Rather, in such cases, a 4-year statute of limitations applies. § 95.11(3)(i), Fla. Stat. (establishing 4-year statute of limitations to actions for return of property held by the State) . . . .")
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Citator
Authorities Cited
- Reyneldon J. Davis v. State, 198 So. 3d 1070 (Fla. 5th DCA 2016)
- State v. Planned Parenthood of Southwest and Central Florida, 312 So. 3d 1054 (Fla. 1st DCA 2022)