GLENDALE MONTESSORI SCHOOL, INC., APPELLANT,
v.
STATE OF FLORIDA, JAMES TOWARD AND BRENDA WILLIAMS, APPELLEES
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Glendale Montessori School appealed the denial of its motion to recover personnel and student records seized by police during a criminal investigation of two school employees. The court held that once the criminal prosecutions terminated and the time for post-conviction relief expired, the school's property interest outweighed the state's minimal interest in retaining the records as evidence, and the records must be returned.
The court held that the trial court erred in denying the school's motion for return of property. Once both criminal cases terminated and the time for rule 3.850 motions expired, the state's interest in retaining the original records as evidence was minimal and was outweighed by the school's property interest in its own records. The records must be returned to the school.
[1] A trial court errs when it denies a motion for the return of property seized pursuant to a search warrant after the underlying criminal cases have terminated and the time…
[2] A party that is not a party to a criminal prosecution may seek the return of its property seized as evidence, provided the property is exclusively owned by the party and…
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Join FLexlaw to unlock all legal intelligence“Appellant properly filed with the criminal court its motion for recovery of the records exclusively owned by appellant and compiled independently of the criminal activity.”
Establishes that property that is exclusively owned by a party and compiled independently of criminal activity may be recoverable.
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Join FLexlaw to unlock all legal intelligenceIn August 1987, police executed a search warrant and seized the school's personnel and student records during an investigation of school employees Bre…
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PER CURIAM.
Glendale Montessori School, Inc., appeals an order denying its motion for return of property in the custody of the Stuart Police Department. We hold the trial court erred when it denied the school’s motion.
In August 1987 the state executed a search warrant and seized the school’s personnel and student records in connection with a criminal investigation of two school employees, Brenda Williams and James Toward, for alleged offenses against minor students. In May 1989 Brenda Williams pleaded nolo con-tendere to four counts, and she has served her prison term. In June 1989 James Toward pleaded guilty to six counts, and, pursuant to a negotiated plea in which the state agreed not to pursue additional charges against him, he is presently incarcerated. Appellant, not a party to the criminal prosecutions, sought production of the records from the Stuart Police Department to defend civil lawsuits instituted in October 1992 by five former students. Appellant properly filed with the criminal court its motion for recovery of the records exclusively owned by appellant and compiled independently of the criminal activity. See Brown v. State, 613 So. 2d 569 (Fla. 2d DCA 1993). The police department refused to relinquish appellant’s property because the records are being held as evidence to allow law enforcement to pursue the original charges in the event James Toward’s plea is set aside.
As both criminal cases have terminated and the time for a rule 3.850 motion by James Toward has expired, the state has minimal interest in retaining the original records as evidence. Accordingly, we reverse the order denying appellant’s motion for return of property. See Brown, 613 So. 2d at 570; see also United States v. Wright, 610 F. 2d 930 (D.C.Cir.1979); United States v. Wilson, 540 F. 2d 1100 (D.C.Cir.1976). We direct the trial court to enter an order directing the state to return the records to appellant. On remand, the trial court may enter such orders as it deems necessary to protect the identities of the victims from public disclosure.
REVERSED and REMANDED.
DELL, C.J., and GUNTHER and KLEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Williams, 678 So. 2d 1356 (Fla. 3d DCA 1996)…s at its own expense. As a matter of course, courts should not order the State to return property lawfully seized pursuant to a valid search warrant where the State is actively conducting a prosecution. See Glendale Montessori School, Inc. v. State, 645 So. 2d 164 (Fla. 4th DCA 1994) (reversing order denying return of seized property where both criminal cases have terminated and the time to file a Rule 3.850 motion by the defendant has expired); Alvarez v. State, 485 So. 2d 470 (Fla. 3d DCA 1986) (reversing o…
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Crutchley v. Brevard Cnty. Sheriff's Off., 688 So. 2d 371 (Fla. 5th DCA 1997)…n v. State, 585 So. 2d 1079 (Fla. 1st DCA 1991) (holding defendant’s motion for return of property not used as evidence against him timely where it was filed 59 days after defendant entered plea of guilty); Glendale Montessori School, Inc. v. State, 645 So. 2d 164 (Fla. 4th DCA 1994) (trial court directed to return to third party owner records seized pursuant to warrant where one defendant served sentence and where other defendant’s time to file 3.850 motion had expired). In the instant case, because the rec…
Authorities Cited
- United States v. Wilson, 540 F.2d 1100 (D.C. Cir. 1976)
- Brown v. State, 613 So. 2d 569 (Fla. 2d DCA 1993)
- United States v. Wright, 610 F.2d 930 (D.C. Cir. 1979)