ONE 1978 LINCOLN VERSAILLES, GEORGIA LICENSE MZR 349, VIN 8W84G804437, A MOTOR VEHICLE AND WARREN DEAN MUSSELWHITE, AND MUSSELWHITE MOTORS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed the forfeiture of a motor vehicle where the only evidence of involvement in a drug trafficking operation was that the vehicle was parked at the residence where large quantities of marijuana were found, with only trace amounts of cannabis discovered inside. The court held that mere presence at the scene and minimal contraband possession, without proof of significant involvement in the drug operation, is insufficient to warrant vehicle forfeiture under Florida law.
The vehicle forfeiture was improper because the State failed to establish a sufficient nexus between the contraband found in the vehicle and the illegal drug operation. Mere possession of contraband or presence at the scene of a crime is insufficient; forfeiture requires proof that the vehicle was significantly involved in a criminal drug trafficking enterprise.
[1] A vehicle may be forfeited under Section 943.42, Florida Statutes, only if it was significantly involved in a criminal enterprise.
[2] Forfeiture of a vehicle requires a showing of a nexus between contraband found in the vehicle and the furtherance of an illegal drug operation.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“To warrant forfeiture, more than a mere possession of contraband is required; there must be a showing of a nexus between "the illegal drugs found in the car and the furtherance of an illegal drug operation."”
Establishes the legal standard for vehicle forfeiture under Florida law, requiring connection between contraband and drug operation facilitation.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn May 5-6, 1979, law enforcement surveillance teams observed a 1978 Lincoln Versailles proceed to a residence at McLaughlin Boulevard in Bonita Sprin…
The full statement of facts, procedural history, and disposition for this case are member content.
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RYDER, Judge.
The appellant challenges the trial court’s order forfeiting his motor vehicle pursuant to Section 943.42, Florida Statutes (1979), which makes unlawful the use of any vehicle to facilitate the transportation, carriage, conveyance, concealment, receipt, possession, purchase, sale, borrow, exchange or giving away of any contraband article. ' Since there was no nexus between the contraband found in the vehicle and the illegal drug operation, we find the forfeiture was improper and reverse.
On May 5,1979, Ms. Hillmeyer, a member of a surveillance team conducting an investigation for the state attorney’s office, was told, based on information received from the Hendry County Sheriff’s Department, to be on the lookout for a 1978 or 1979 Ford pick-up camper/truck believed to be transporting contraband. She testified that the team observed the described truck and several other vehicles leave a residence in Alva, Florida and travel to Bonita Springs.
The next day in Bonita Springs, the investigators observed the same group of cars parked at a residence at Hickory Boulevard. These cars proceeded from the residence at Hickory Boulevard to a residence at McLaughlin Boulevard. These vehicles were stopped, searched and found to contain a large quantity of marijuana.
During the observation of the group of vehicles in Bonita Springs, the investigators for the first time saw the 1978 Lincoln Versailles which is the subject matter of this appeal. They observed the vehicle proceed to the residence at McLaughlin Boulevard and, when the officers came to search the residence, the Lincoln was parked in front of it. At that time, the Lincoln was searched and sweepings taken from the interior of the vehicle revealed a minute amount of cannabis. On these facts, the trial court held that 1978 Lincoln Versailles should be forfeited.
The standard for vehicle forfeiture was set by the Florida Supreme Court in Griffis v. State, 356 So. 2d 297 (Fla.1978). There, Griffis failed to stop at an agriculture inspection station. The vehicle was returned to the station and searched at which time a quantity of marijuana and cocaine was discovered. The State instituted proceedings for forfeiture of the truck alleging that the vehicle had been used for the purpose of transporting cannabis and cocaine in violation of Section 943.42, Florida Statutes (1975).
The trial court found the statute was constitutional and ordered the vehicle forfeited. Griffis appealed on the grounds that the forfeiture statute required a showing that the seized vehicle was involved in an ongoing drug trafficking operation. The supreme court agreed, and held that forfeiture could be permitted only where the seized vehicle had been significantly involved in a criminal enterprise. To warrant forfeiture, more than a mere possession of contraband is required; there must be a showing of a nexus between “the illegal drugs found in the car and the furtherance of an illegal drug operation.” See also Nichols v. State, 356 So. 2d 933 (Fla. 2d DC A 1978); Brown v. State, 357 So. 2d 472 (Fla. 1st DCA 1978).
In ‘the instant case, the State argues Griffis, supra, is distinguishable on its facts in that there one party was arrested and charged with possession of contraband while in this case a large drug trafficking operation was in progress.
However, while it is undisputed that a large scale drug operation occurred at the McLaughlin residence, which housed 194 bales of marijuana, the evidence connecting the vehicle with that transaction was insufficient to form the basis for a forfeiture action. The State alleged the Lincoln was driven by an unidentified person to the residence at Mc-Laughin Boulevard and that it was parked in front of this residence at the time the search resulting in the discovery of the contraband was conducted. In addition, large quantities of contraband were recovered from other cars leaving the residence. These facts, while placing the vehicle at the scene of the crime, did not prove the vehicle was “significantly involved” in the illegal drug operation. Mere possession has been shown which was insufficient under Griffis, supra.
Therefore, the court erred in finding that the State established, by a preponderance of the evidence, that the vehicle was involved in the drug operation.
Accordingly, the judgment of the trial court is REVERSED.
SCHEB, C. J., and HOBSON, J., concur.
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State v. Musselwhite, 402 So. 2d 1235 (Fla. 2d DCA 1981)…e because it must have been used to carry marijuana, and they had a right to seize the title certificate in order to implicate appel-lee. The fact that our court disapproved the forfeiture of the same vehicle in One 1978 Lincoln Versailles v. State, 388 So. 2d 1383 (Fla. 2d DCA 1980), is irrelevant. The tests there and here are different. The owner of the property seized by police may ultimately be entitled to its return, but this does not mean that the seizure was illegal. Warden, Maryland Penitentiary v. Hay…
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Weisz v. Miami Shores Vill., 461 So. 2d 138 (Fla. 3d DCA 1984)…d Forfeiture Act, intended it to apply only to the transportation of controlled substances for distribution and not for personal possession and consumption. Id.; see also One 1978 Lincoln Versailles Georgia License MZR 349, VIN 8W84G804437 v. State, 388 So. 2d 1383 (Fla. 2d DCA 1980); Nichols v. State, 356 So. 2d 933 (Fla. 2d DCA 1978). The continuing vitality of the holding in Griffis is uncertain. Several cases of the Second District Court of Appeal interpreted a 1980 legislative amendment to the forfeiture…
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German Mora v. City OF Fort Lauderdale, 446 So. 2d 97 (Fla. 1984)…[*98] PER CURIAM. Petitioner seeks review of In re Forfeiture of 1979 Toyota Corolla, 424 So. 2d 922 (Fla. 4th DCA 1982), on the basis of conflict with Griffis v. State, 356 So. 2d 297 (Fla.1978), and One 1978 Lincoln Versailles v. State, 388 So. 2d 1383 (Fla. 2d DCA 1980). We granted discretionary review in accordance with article V, section 3(b)(3), Florida Constitution. The thrust of petitioner’s argument is that there is no nexus between the felony drug operation and the vehicle. Having heard or…
Authorities Cited
- Elbert Bryan Griffis, III v. State, 356 So. 2d 297 (Fla. 1978)
- Nichols v. State, 356 So. 2d 933 (Fla. 2d DCA 1978)
- In re Forfeiture OF the following described Prop. v. State, 357 So. 2d 472 (Fla. 1st DCA 1978)