Eslinger v. Martinez

In this forfeiture action, Seminole County Sheriff Donald Eslinger appeals an order finding that Arnaldo Martinez was entitled to the return of $29,844.35 out of $56,144.35 seized. Eslinger argues that circumstantial evidence established probable cause to believe that the entire $56,144.35 was contraband. Based upon the low standard required at the adversarial preliminary hearing, we agree and reverse.

Eslinger filed a complaint seeking forfeiture of $56,144.35. The complaint alleged that in January 2006, the sheriffs office conducted a wiretap investigation regarding a drug trafficking…