Legal Opinion
Brevard County Sheriff's Office v. Baggett
District Court of Appeal of Florida
Decided February 20, 2009No. 5D08-2588PublishedCited by 4 opinions
1Opinion of the CourtCohen, J.
The issue raised in this appeal is whether a seizing agency must show, at the adversarial preliminary hearing, that an owner knew or should have known the property seized was being used in violation of the Florida Contraband Forfeiture Act, section 932, et seq., Florida Statutes (2007) (hereinafter “Forfeiture Act”). We agree with the trial court that such a showing must be made, but reverse because the trial court employed the wrung legal standard.
The Brevard County Sheriff’s Office (hereinafter “Sheriff’) responded to a call concerning an open garage door at a home in Merritt Island,…
2Cases cited5 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Department of Law Enf. v. Real PropertySupreme Court of Florida · 1991
- Velez v. MIAMI-DADE COUNTY POLICE DEPT.Supreme Court of Florida · 2006
- Farrelly v. HeuackerSupreme Court of Florida · 1935
- Department of Highway Safety & Motor Vehicles v. KarrDistrict Court of Appeal of Florida · 2001
3Cited by4 opinions
- Gomez v. Village of PinecrestSupreme Court of Florida · 2010
- Gomez v. Village of PinecrestDistrict Court of Appeal of Florida · 2009
- Gomez v. Village of PinecrestDistrict Court of Appeal of Florida · 2009
- Gomez v. Village of PinecrestDistrict Court of Appeal of Florida · 2009