Albury v. City of North Port

CAMPBELL, Acting Chief Judge.

Appellant challenges the nonfinal order forfeiting currency discovered in his vehicle upon a finding of probable cause to believe that the currency was illicitly used within the meaning of section 932.701(2)(e), Florida Statutes (1997). We conclude that probable cause did not exist under the statute and reverse.

The rented vehicle in which appellant was traveling was stopped for a speeding violation in the early morning hours on March 2, 1999. After the vehicle was stopped, appellant’s wife, who was driving, was asked by the officer if there was anything in the…