City of Melbourne v. Gervais

'' PLEUS, J.

The orders finding no probable cause for seizure of the appellee/claimant’s property (electronic video machines, gift cards and $17,354.50 in currency) and directing return' of said property to her are reversed based upon the following holdings:

First, the City carried its burden at the hearing below of showing probable cause to bélieve that the subject property constituted illegal gambling devices and paraphernalia as per sections 849.15, 849.16 and 932.701(2)(a)2, Florida Statutes;

Second, the “arcade” exception contained in section 849.161(l)(a)l, Florida Statutes, for…