Legal Opinion

Miami-Dade Police Department v. Forfeiture of $15,875.51

District Court of Appeal of Florida

Decided February 16, 2011No. 3D10-1942PublishedCited by 3 opinions

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

  1. Lobo v. Metro-Dade Police Dept.District Court of Appeal of Florida · 1987
  2. Gomez v. Village of PinecrestSupreme Court of Florida · 2010
  3. United States v. Edward Robert Nigro, Jr.Court of Appeals for the Sixth Circuit · 1984
  4. Gomez v. Village of PinecrestDistrict Court of Appeal of Florida · 2009
  5. STATE DEPT. OF HIGHWAY SAFETY v. HolguinDistrict Court of Appeal of Florida · 2005

3Cited by3 opinions

  1. Campbell v. Racetrack Bingo, Inc.District Court of Appeal of Florida · 2011
  2. Miami-Dade County v. Forfeiture of $26,474.00 in U.S. CurrencyDistrict Court of Appeal of Florida · 2015
  3. THE STATE OF FLORIDA v. IN RE: FORFEITURE OF $133,888.00 IN U.S. CURRENCYDistrict Court of Appeal of Florida · 2021

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