Miami-Dade Police Department v. Forfeiture of $15,875.51
District Court of Appeal of Florida
1Opinion of the Court
CORTIÑAS, J.
Miami-Dade Police Department (“MDPD”) appeals the trial court’s ruling finding no probable cause at an adversarial preliminary hearing in furtherance of a civil forfeiture motion. We reverse.
The underlying case arose when two Miami-Dade police detectives (collectively “detectives”) stopped a vehicle for having illegally tinted windows. The vehicle, later discovered to be rented, was driven by the sole occupant, Cedric Davenport (“Davenport”). As the detectives approached, they detected a strong odor of raw marijuana emanating from the vehicle. A search revealed a baggie that…
2Cases cited5 opinions
- Lobo v. Metro-Dade Police Dept.District Court of Appeal of Florida · 1987
- Gomez v. Village of PinecrestSupreme Court of Florida · 2010
- United States v. Edward Robert Nigro, Jr.Court of Appeals for the Sixth Circuit · 1984
- Gomez v. Village of PinecrestDistrict Court of Appeal of Florida · 2009
- STATE DEPT. OF HIGHWAY SAFETY v. HolguinDistrict Court of Appeal of Florida · 2005
3Cited by3 opinions
- Campbell v. Racetrack Bingo, Inc.District Court of Appeal of Florida · 2011
- Miami-Dade County v. Forfeiture of $26,474.00 in U.S. CurrencyDistrict Court of Appeal of Florida · 2015
- THE STATE OF FLORIDA v. IN RE: FORFEITURE OF $133,888.00 IN U.S. CURRENCYDistrict Court of Appeal of Florida · 2021