CHESTER WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Chester White appeals the summary denial of his motion to recover $873 in cash allegedly seized during his arrest on drug charges. The court reverses and remands, holding that when a trial court summarily denies a property return motion as untimely under Florida's evidence statute, it must attach record portions showing the property was lawfully seized or held as evidence.
A trial court summarily denying a motion for return of property as untimely must attach portions of the record showing the property was seized pursuant to a lawful investigation or held as evidence. If such documentation is not attached, the court must entertain the motion on its merits rather than dismiss it summarily.
[1] A trial court retains inherent authority over property seized in connection with a criminal proceeding, even after the termination of the prosecution.
[2] Title to unclaimed evidence or personal property seized in a criminal proceeding vests in the law enforcement agency sixty days after the conclusion of the proceeding, un…
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Join FLexlaw to unlock all legal intelligence“A trial court that has jurisdiction over criminal proceedings is vested with inherent authority over property seized or obtained in connection with the criminal proceeding and thus held in custodia legis.”
Establishes the foundational authority of courts to manage seized property in criminal cases
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Join FLexlaw to unlock all legal intelligenceWhite pleaded guilty to possession of cocaine with intent to sell or deliver and was sentenced to imprisonment on March 16, 2005. On August 16, 2005, …
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NORTHCUTT, Judge.
Chester White appeals the circuit court’s summary denial of his motion seeking the return of property allegedly seized from him when he was arrested on a drug possession charge. We reverse and remand for further proceedings.
White pleaded guilty to possession of cocaine with the intent to sell or deliver. On March 16, 2005, he was adjudicated guilty and sentenced to imprisonment for a year and a day. On August 16, 2005, White filed a motion seeking the return of $873.00 in cash that he alleged was taken from him at the time of his arrest. The circuit court summarily denied Whites motion.
A trial court that has jurisdiction over criminal proceedings is vested with inherent authority over property seized or obtained in connection with the criminal proceeding and thus held in custodia legis. See Eight Hundred, Inc. v. State, 781 So. 2d 1187, 1191-92 (Fla. 5th DCA 2001), and cases discussed therein. This authority continues beyond the termination of the criminal prosecution, thus enabling the court to direct the return of such property to its rightful owner. Id. However, section 705.105(1), Florida Statutes (2004), provides that title to unclaimed evidence or personal property lawfully seized pursuant to a lawful investigation that is in the custody of the court or clerk as part of a criminal proceeding, or seized as evidence by and in the custody of a law enforcement agency, shall vest permanently in the law enforcement agency sixty days after the conclusion of the proceeding.
In this case, the circuit court summarily denied White’s motion as untimely under the foregoing statute, and attached copies of his judgment and sentence. However, when summarily denying a motion for return of property as untimely under this provision, the court is obliged to attach portions of the record showing that the property was seized pursuant to a lawful investigation or held as evidence. Burden v. State, 890 So. 2d 566, 567 (Fla. 2d DCA 2005); see also Cloud v. State, 801 So. 2d 964 (Fla. 2d DCA 2001); McKinnon v. State, 752 So. 2d 134, 135 (Fla. 2d DCA 2000).
If, on remand, the circuit court again summarily denies White’s motion, it must attach portions of the record demonstrating that the currency was seized and held as evidence by the law enforcement agency involved or that it was seized pursuant to an investigation and was in the custody of the court clerk. Otherwise, the court must entertain the motion on its merits. See Cloud, 801 So. 2d at 964.
Reversed and remanded for further proceedings.
SALCINES and SILBERMAN, JJ., Concur.
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Citator
Cited By (17 total)
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Almeda v. State, 959 So. 2d 806 (Fla. 2d DCA 2007)…risdiction over a criminal proceeding includes inherent authority over property seized or obtained in connection with the proceeding and thus held in custodia legis.” Stevens v. State, 929 So. 2d 1197, 1198 (Fla. 2d DCA 2006) (citing White v. State, 926 So. 2d 473, 474 (Fla. 2d DCA 2006), and Eight Hundred, Inc. v. State, 781 So. 2d 1187, 1191-92 (Fla. 5th DCA 2001)). “This authority continues beyond the termination of the prosecution, thus enabling the court to direct the return of the property to its rightf…
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Stevens v. State, 929 So. 2d 1197 (Fla. 2d DCA 2006)…rt summarily denied Stevens’ motion as untimely. A trial court’s jurisdiction over a criminal proceeding includes inherent authority over property seized or obtained in connection with the proceeding and thus held in custodia legis. White v. State, 926 So. 2d 473 (Fla. 2d DCA 2006); see also Eight Hundred, Inc. v. State, 781 So. 2d 1187, 1191-92 (Fla. 5th DCA 2001). This authority continues beyond the termination of the prosecution, thus enabling the court to direct the return of the property to its rightful…
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Reyneldon J. Davis v. State, 198 So. 3d 1070 (Fla. 5th DCA 2016)…nnection with the criminal proceeding and thus held in custodia legis. This authority continues beyond the termination of the criminal prosecution, thus enabling the court to direct the return of such property to its rightful owner. White v. State, 926 So. 2d 473, 474 (Fla. 2d DCA 2006) (citations omitted). Section 705.106(1) provides that the title to property seized in connection with a criminal proceeding shall vest permanently in the law enforcement agency sixty days after the conclusion of the criminal…
Previewing 3 of 17 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Eight Hundred, Inc. v. State, 781 So. 2d 1187 (Fla. 5th DCA 2001)
- Odis Ray Cloud v. State, 801 So. 2d 964 (Fla. 2d DCA 2001)
- Burden v. State, 890 So. 2d 566 (Fla. 2d DCA 2005)
- Cherry Shelton-Mills v. Mills, 752 So. 2d 134 (Fla. 3d DCA 2000)
- McKINNON v. State, 752 So. 2d 134 (Fla. 2d DCA 2000)