Carbajal v. Forfeiture of U.S. Currency $75,781.00: Miami-Dade Police Department

Elba Carbajal 1 appeals the order finding probable cause in a forfeiture action for the amount of $75,781. We reverse because the money seized did not constitute an instrumentality of the charged offense.

On October 22, 2009, the government seized $75,781 in United States currency from Carbajal upon entry into the United States. Carbajal failed to report that she carried in excess of $10,000 in United States currency, as required by section 896.104(3), Florida Statutes (2009). The government sought to forfeit the funds seized from her.

Carbajal asserted a timely request for an adversarial…