Coleman v. Brandon
District Court of Appeal of Florida
1Opinion of the Court
SCHEB, Judge.
We hold that the Florida Contraband Forfeiture Act does not provide for forfeiture of a motor vehicle when only an attempt is made to use the vehicle for transportation of contraband.
DeWitt Brandon exited a motel with several bags of contraband. He placed the bags on the ground next to the open trunk of his car, apparently intending to put them in the trunk. Brandon was arrested before he could do so. The trial court dismissed the sheriff’s petition for forfeiture, holding that the evidence was insufficient to show that the vehicle was being used in violation of section 932.702,…
2Cases cited5 opinions
- Thayer v. StateSupreme Court of Florida · 1976
- Griffis v. StateSupreme Court of Florida · 1978
- Estate of Maltie v. StateDistrict Court of Appeal of Florida · 1981
- State v. PetersDistrict Court of Appeal of Florida · 1981
- Caivano v. StateDistrict Court of Appeal of Florida · 1976
3Cited by7 opinions
- Smith v. HinderyDistrict Court of Appeal of Florida · 1984
- Cabrera v. Dept. of Natural ResourcesDistrict Court of Appeal of Florida · 1985
- City of St. Petersburg Beach v. JewellDistrict Court of Appeal of Florida · 1986
- State v. One Certain 1982 Honda AutomobileSupreme Court of Iowa · 1984
- Martinez v. HeinrichDistrict Court of Appeal of Florida · 1988
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