Marlow v. State

Anthony Marlow appeals the trial court’s denial of his motion for the return of personal property, which was seized after he was arrested in December 2010. We reverse and remand for further proceedings.

Contrary to the State’s position, Mar-low’s motion was facially sufficient. He alleged that the seized property was his own, that it was neither contraband nor the fruit of criminal activity, and that it was not being held as evidence. See Brown v. State, 613 So.2d 569, 570 (Fla. 2d DCA 1993) (holding that a facially sufficient motion for the return of seized property is one in which the…