CHARLES GREGORY JONES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Charles Gregory Jones appealed the denial of his motion for return of $320 in cash seized during his arrest for cocaine possession. The Florida District Court of Appeal affirmed the trial court's denial, holding that hearsay evidence from police was sufficient to establish probable cause for continued seizure under the Florida Contraband Forfeiture Act, though the order was modified to require restraint by the least restrictive means.
The court held that hearsay evidence, such as the police affidavit, is sufficient to establish probable cause for continued seizure at an adversarial preliminary hearing, though it cannot serve as the sole basis for ultimate forfeiture. The trial court's order was affirmed but modified to require that the property be restrained by the least restrictive means to protect against disposal, waste, or continued illegal use pending disposition of the forfeiture proceeding.
[1] At an adversarial preliminary hearing concerning property forfeiture, the state must present sufficient evidence to establish probable cause that the property was used in…
[2] Hearsay evidence, such as an arresting officer's affidavit, may be used to establish probable cause for property forfeiture, even if it cannot serve as the sole basis for…
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“Hearsay evidence [such as the police affidavit utilized in this case] can ... be used to establish probable cause ... although it may not serve as the basis for the forfeiture.”
Establishes that hearsay is permissible to establish probable cause at preliminary hearing but insufficient alone for final forfeiture
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJones was arrested and found in possession of a pipe containing cocaine residue and $320 in small bills, which were seized. Jones pled guilty to the c…
The full statement of facts, procedural history, and disposition for this case are member content.
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GREEN, Judge.
Charles Gregory Jones appeals the denial of his motion for the return of property seized in connection with his arrest. We affirm.
Jones was arrested and charged on two separate occasions with, among other things, possession of cocaine. On each occasion, Jones was standing on exactly the same street corner. In one case, Jones was found to be in possession of thirteen cocaine rocks and pled guilty to the same in the court below. In the instant ease, Jones was found to be in possession of a pipe containing cocaine residue as well as $320.00 in small bills, all of which were seized by the arresting officers. Jones similarly pled guilty to the charges in this case.
After his conviction on these two cases, but before the commencement of any forfeiture proceedings, Jones filed a motion for the return of the $320.00 seized from him in this case. The trial court effectively conducted an adversarial preliminary hearing, pursuant to section 932.703(2)(c), Florida Statutes (1995).1 Over the defense’s objection, the state introduced an affidavit from one of the arresting officers which stated that the officer knew Jones to be a drug dealer. Jones testified, however, that he had earned the $320.00 cutting hair and washing cars on a street corner. When Jones could not produce any written documentation (i.e., receipts and/or pay stubs), to support his testimony, the trial court denied the motion.
Jones asserts that this was error where the state introduced no evidence to establish that this currency was the fruit of a crime. At an adversarial preliminary hearing, however, the state is required only to come forth with enough evidence to establish probable cause or reasonable grounds for the belief “that the property was used, is being used, was attempted to be used, or was intended to be used in violation of the Florida Contraband Forfeiture Act.” Section 932.703(2)(c). “Hearsay evidence [such as the police affidavit utilized in this case] can ... be used to establish probable cause ... although it may not serve as the basis for the forfeiture.” Medious v. Department of Highway Safety & Motor Vehicles, 534 So. 2d 729, 732 (Fla. 5th DCA 1988) (citing In re Forfeiture of 1983 Wellcraft Scarab, 487 So. 2d 306 (Fla. 4th DCA) [cause dismissed, 494 So. 2d 1150 (Fla.1986) ]), rev. denied, 542 So. 2d 1333 (Fla.1989).
Having determined that probable cause existed for the continued detention of the currency, the trial court was then required to “order the property restrained by the least restrictive means to protect against disposal, waste, or continued illegal use ... pending disposition of the forfeiture proceeding.” § 932.703(2)(d), Fla. Stat. (1995). To the extent that the lower court’s order did not do this, it is modified accordingly.
Affirmed as modified.
. Section 932.703(2)(c) provides:
When an adversarial preliminary hearing is held, the court shall review the verified affidavit and any other supporting documents and take any testimony to determine whether there is probable cause to believe that the property was used, is being used, was attempted to be used, or was intended to be used in violation of the Florida Contraband Forfeiture Act. If probable cause is established, the court shall authorize the seizure or continued seizure of the subject contraband. A copy of the findings of the court shall be provided to any person entitled to notice.
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City OF Coral Springs v. Forfeiture OF A 1997 Ford Ranger Pickup Truck VIN# 1FTCR10A4VTA62475 FL TAG 3U16BDE, 803 So. 2d 847 (Fla. 4th DCA 2002)…s properly admitted to establish probable cause at an adversarial preliminary hearing. See In re Forfeiture of 1983 Wellcraft Scarab, 487 So. 2d at 310. Such hearsay evidence includes the police affidavit considered in this case. See Jones v. State, 681 So. 2d 923, 924 (Fla. 3d DCA 1996). Wandell’s argument that the City was required to call witnesses to testify at the [*851] hearing is without merit. The above authority indicates the police affidavit was properly admitted to establish probable cause for for…
Authorities Cited
- In re Forfeiture OF 1983 Wellcraft Scarab, 487 So. 2d 306 (Fla. 4th DCA 1986)
- Medious v. Dep't OF Hwy. Safety & Motor Vehicles, 534 So. 2d 729 (Fla. 5th DCA 1988)