Webb v. State

This cause comes before this court on appeal from a denial of a motion for return of property. The trial court denied the motion under the assumption that it lacked jurisdiction over property that was allegedly in the custody of the seizing agency and not in the custody of the court or the clerk of the court. This assumption was in error.

A “trial court has the inherent authority to direct the state to return property seized in connection with criminal proceedings.” McKeever v. State, 764 So.2d 688, 689 (Fla. 1st DCA 2000). This is true regardless of whether the property is in the court’s…