JOHN WAYNE RAMEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1983-06-08
No. 82-576
ANSTEAD, GLICKSTEIN and HURLEY, JJ., concur.
432 So. 2d 732 Florida District Court of Appeal, Fourth District (1983) Positive Treatment
Cited by 20 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Webb v. State, 426 So. 2d 1033 (Fla. 5th DCA 1983); Brown v. State, 413 So. 2d 414 (Fla. 5th DCA 1982); U.S. v. Castro-Ayon, 537 F. 2d 1055 (9th Cir.1976), cert. denied 429 U.S. 983, 97 S.Ct. 501, 50 L.Ed.2d 594 (1976); and Breedlove v. State, 413 So. 2d 1 (Fla.1982).

ANSTEAD, GLICKSTEIN and HURLEY, JJ., concur.


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  • …nce in accordance with the issues drawn by the pleadings with recognition of their respective burdens of proof. Id. at 803. A forfeiture proceeding such as the case at bar is a civil in rem proceeding.5 [*1385] See In re Forfeiture of a 1981 Ford, 432 So. 2d 732 (Fla. 4th DCA 1983); In re Forfeiture of Five Thousand Three Hundred Dollars ($5,300.00), supra; Wille v. Karrh, 423 So. 2d 963 (Fla. 4th DCA 1982); Mark v. State, 416 So. 2d 872 (Fla. 5th DCA 1982); City of Tallahassee v. One Yellow 1979 Fiat, 414…
  • Ruth v. Dep't OF Legal Affairs, 684 So. 2d 181 (Fla. 1996)
    …. Conner, 752 F. 2d at 576; L’Hoste, 609 F. 2d at 813 n. 15; In re Forfeiture of 1986 Pontiac Firebird, 600 So. 2d 1178, 1179 (Fla. 2d DCA 1992); Doersam v. Brescher, 468 So. 2d 427, 427-28 (Fla. 4th DCA 1985); In re Forfeiture of a 1981 Ford Auto., 432 So. 2d 732 (Fla. 4th DCA), review denied, 441 So. 2d 631 (Fla.1983); In re Approximately Forty-Eight Thousand Nine Hundred Dollars (48,900.00) in U.S. Currency, 432 So. 2d 1382, 1384 (Fla. 4th DCA 1983). To have subject matter jurisdiction in an in rem proceed…
  • …was found. Initially we note that the Fourth Amendment exclusionary rule is applicable in forfeiture proceedings. One 1958 Plymouth Sedan v. Pennsylvania, 380 U.S. 693, 85 S.Ct. 1246, 14 L.Ed.2d 170 (1965); In re Forfeiture of 1981 Ford Automobile, 432 So. 2d 732 (Fla. 4th DCA 1983); and In re Forfeiture of 1972 Porsche, 307 So. 2d 451 (Fla. 3d DCA 1975). The rental car in which appellant was a passenger was stopped for speeding, following which Stallworth discovered that someone, other than the occupants,…

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