Legal Opinion

City of Clearwater v. Malick

District Court of Appeal of Florida

Decided March 11, 1983No. 82-1793PublishedCited by 11 opinions

1Opinion of the Court

SCHEB, Judge.

The City of Clearwater petitioned for forfeiture of appellee’s vehicle on the ground that it was used to facilitate concealment and possession of contraband. The trial court denied the petition and the City filed this appeal. We reverse.

Clearwater police seized appellee’s 1976 Dodge van on January 16, 1982, after their search revealed that it contained cocaine. At the hearing on the City’s petition for forfeiture, appellee, David R. Malick, acknowledged that the cocaine was in the van and admitted that he and a friend were preparing to snort it when the police approached the…

2Cases cited3 opinions

  1. Griffis v. StateSupreme Court of Florida · 1978
  2. State v. PetersDistrict Court of Appeal of Florida · 1981
  3. Brown v. City of MiamiDistrict Court of Appeal of Florida · 1981

3Cited by11 opinions

  1. State v. CrenshawSupreme Court of Florida · 1989
  2. People v. GarnerSupreme Court of Colorado · 1987
  3. DEPT. OF HIGHWAY SAFETY & MV v. PollackDistrict Court of Appeal of Florida · 1985
  4. Weisz v. Miami Shores VillageDistrict Court of Appeal of Florida · 1984
  5. In re Forfeiture of a 1977 Datsun 280Z Automobile, Vin HLS30408139District Court of Appeal of Florida · 1984

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