State ex rel. Lee County ex rel. Lee County Sheriff's Department v. Potts

HALL, Judge.

The appellant^ the Lee County Sheriffs Department, challenges a trial court order denying its request for forfeiture of a vehicle, wherein a certain quantity of crack cocaine was discovered. The sheriffs department contends the trial court erred in denying its petition, without an evidentiary hearing, on grounds that the appellee, Richard H. Potts, the owner of the vehicle, was never criminally prosecuted for possession of crack cocaine. The sheriffs department argues that, at the very least, it was entitled to an evidentiary hearing pursuant to Department of Law Enforcement v.…