IN RE FORFEITURE OF 1979 FORD TRUCK, # VIN F14HNEC1331
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Michael McGee appealed a trial court order forfeiting his 1979 Ford truck seized during a drug investigation. The appellate court reversed, holding that the state failed to establish the required nexus between the vehicle and an illegal drug trafficking operation.
The court held that the truck was not subject to forfeiture because the state failed to establish the required nexus between the vehicle and an illegal drug trafficking operation. The only connection was the methaqualone tablets found in the truck, but there was no evidence the truck transported marijuana, and nothing showed McGee knew of the methaqualone in his readily accessible vehicle.
[1] Forfeiture of a vehicle under Section 943.43, Florida Statutes, requires a showing of a nexus between illegal drugs found in the vehicle and the furtherance of an illegal…
[2] A vehicle is not subject to forfeiture when the only evidence connecting it to illegal drugs is the discovery of contraband within it, without proof of its use in transpo…
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Join FLexlaw to unlock all legal intelligence“forfeiture under section 943.43, Florida Statutes (1979), 'is permitted only upon 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 forfeiture that the state must satisfy
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceLaw enforcement officers surveilled McGee's residence as part of a drug investigation. Officers stopped a car leaving the residence and found 60 pound…
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SCHEB, Chief Judge.
Michael E. McGee challenges the trial court’s order forfeiting his 1979 Ford truck. McGee contends that the court erred because the evidence did not show that the truck was involved in an illegal drug trafficking operation. We agree and reverse.
The state petitioned for forfeiture of McGee’s truck under Section 943.43, Florida Statutes (1979). The state’s petition alleged that the Hendry County Sheriff seized McGee’s vehicle on March 7, 1979, because it had been used to transport a controlled substance in Hendry County.
Two law enforcement officers and McGee testified at the hearing on the petition. The evidence disclosed that Corporal William Teal of the sheriff’s department and Paul Williams, an investigator with the state attorney’s office, were involved in the surveillance of a number of vehicles and individuals believed to be involved in an illegal drug trafficking operation. Teal testified that officers watching McGee’s residence stopped an automobile leaving the residence and, on searching it, discovered sixty pounds of marijuana. Teal then obtained a warrant and searched McGee’s residence, finding small amounts of marijuana. He also discovered five hundred methaqualone tablets in McGee’s 1979 Ford truck parked beside the residence. Investigator Williams testified that sometimes persons who are caught with marijuana also have methaqualone. McGee testified that he had had no knowledge of methaqualone in his truck prior to the search. He further stated that the keys were in the truck, that other people had access to and, in fact, had driven it. At the conclusion of the hearing, the trial court entered an Order of Forfeiture stating that the Ford truck was used to facilitate trafficking in contraband.
In Griffis v. State, 356 So. 2d 297, 302 (Fla.1978), the supreme court held that forfeiture under section 943.43, Florida Statutes (1979), “is permitted only upon a showing of ‘a nexus between the illegal drugs found in the car and the furtherance of an illegal drug “operation.” ’ ” Here, the only evidence connecting the truck with any illegal drug operation was the five hundred tablets discovered in it; there was no evidence showing that the truck had been used to transport marijuana. In addition, the record contains nothing indicating that McGee knew the methaqualone was in the truck, which was readily accessible to others. Therefore, the truck was not subject to forfeiture. In re Forfeiture of 1972 Mercury, 357 So. 2d 472 (Fla. 1st DCA 1978).
Accordingly, we reverse and remand for further proceedings consistent with this opinion.
HOBSON and CAMPBELL, JJ., concur.
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Munoz v. The City OF Coral Gables, 695 So. 2d 1283 (Fla. 3d DCA 1997)…roperly denied where substantial competent evidence supported the trial court’s finding owner was unaware her son had taken her car and had possession of it at the time he committed a burglary); In re Forfeiture of 1979 Ford Truck, #VIN F14HNEC1331, 389 So. 2d 310, 311 (Fla. 2d DCA 1980) (record contained nothing indicating that defendant knew me-thaqualone was in his truck, which was readily accessible to others; truck was not subject for forfeiture). We also reject Munoz’s argument that his standing was es…
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In re Forfeiture OF Approximately $19 v. Lawson L. Lamar, 519 So. 2d 1134 (Fla. 5th DCA 1988)…ory, or disbelieved that she was the owner of the currency, these were issues to be decided at trial, see Williams v. Miller, 433 So. 2d 33 (Fla. 5th DCA 1983), and not by summary judgment. See, In re Forfeiture of 1979 Ford Truck # VIN F14HNEC1331, 389 So. 2d 310 (Fla. 2d DCA 1980) (record contained nothing indicating that defendant knew methaqualone was in his truck, which was readily accessible to others; truck was not subject to forfeiture); In re Forfeiture of Blue 1979 2-Door Toyota Tag # DFJ-442, VIN #…
Authorities Cited
- Elbert Bryan Griffis, III v. State, 356 So. 2d 297 (Fla. 1978)
- In re Forfeiture OF the following described Prop. v. State, 357 So. 2d 472 (Fla. 1st DCA 1978)