Florida Contraband Forfeiture Act

Florida Contraband Forfeiture Act Defense Attorney LawyerNew Ruling: Court erred when it summarily denied defendant's motion for adversarial preliminary hearing under Florida Contraband Forfeiture Act by making unsupported factual findings and premature legal conclusions that defendant's property was not seized pursuant to Act and that money had vested in custody of sheriff's office pursuant to Section 705.105. The Court also erred in denying motion for probable cause hearing based solely upon allegations of sheriff's response without attaching any documents conclusively refuting defendant's claim or making any independent evidentiary findings that the seized currency was or was not contraband as defined in Act.

Source: 33 Fla. L. Weekly D1671a