MALCOLM N. PETERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE.
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The appellate court reversed a lower court's denial of a motion for the return of seized property. The court found that the lower court erred by not holding an evidentiary hearing or attaching records refuting the motion's claims, as the motion was facially sufficient.
Yes, the circuit court erred by summarily denying the motion. Because Peterson's motion was facially sufficient, the circuit court was required to either attach record evidence conclusively refuting his claims or conduct an evidentiary hearing.
[1] A circuit court must attach portions of the record conclusively refuting a facially sufficient motion for the return of property or hold an evidentiary hearing.
[2] A motion for the return of property is facially sufficient if it identifies the property, alleges it is the movant's personal property, and states it is not the fruit of…
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Join FLexlaw to unlock all legal intelligence“We reverse because the circuit court erred by denying the motion without either attaching records demonstrating that the evidence of record refuted the motion or considering the motion on the merits at an evidentiary hearing.”
Establishes the appellate court's finding of error by the lower court.
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Join FLexlaw to unlock all legal intelligenceLaw enforcement seized cash, a wallet, and a driver's license from Malcolm Peterson during a search. Although drug charges against Peterson were later…
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Malcolm Peterson appeals the circuit court's order summarily denying his motion seeking the return of personal property. We reverse because the circuit court erred by denying the motion without either attaching records demonstrating that the evidence of record refuted the motion or considering the motion on the merits at an evidentiary hearing.
While executing a search warrant at Peterson's residence, law enforcement seized various contraband and drug paraphernalia. In addition to these items, law enforcement seized $187.00 in cash from Peterson as well as a black wallet containing his Florida driver license and $2,565.00 in cash. The State charged Peterson with *1265four drug-related offenses; but, the charges were ultimately nolle prossed.
Peterson then filed a motion seeking the return of his cash, wallet, and driver license. After receiving a response from the State, the circuit court summarily denied the motion. This appeal followed.
Review of an order summarily denying a motion for return of property is de novo. See Sanchez v. State, 174 So.3d 439, 442 (Fla. 4th DCA 2015) ; Lebron v. State, 100 So.3d 132, 133 (Fla. 5th DCA 2012) (citing McLin v. State, 827 So.2d 948, 954 (Fla. 2002) ).
Peterson argues that the circuit court erred in summarily denying his motion because it was facially sufficient, thus obligating the circuit court to attach portions of the record conclusively refuting the allegations in the motion or to hold an evidentiary hearing on the motion. We agree.
Upon receiving a motion for the return of property, the circuit court "should follow the same procedures as a motion for post-conviction relief." Watkins v. State, 230 So.3d 1244, 1247 (Fla. 3d DCA 2017) (citing Bolden v. State, 875 So.2d 780, 782 n.3 (Fla. 2d DCA 2004) ). As such, the circuit court must first determine if the motion is facially sufficient. See Wilson v. State, 957 So.2d 1264, 1265 (Fla. 2d DCA 2007). "A facially sufficient motion for return of property must specifically identify the property and allege that it is the movant's personal property, that the property is not the fruit of criminal activity, and that the property is not being held as evidence." Almeda v. State, 959 So.2d 806, 808 (Fla. 2d DCA 2007) (citations omitted). If the motion is facially sufficient, the circuit court can summarily deny it, but must attach portions of the record conclusively refuting the claim. Juste v. State, 101 So.3d 379, 380 (Fla. 3d DCA 2012). However, if the record does not conclusively refute a facially sufficient motion, an evidentiary hearing is required before the circuit court can deny the motion. Id.
Peterson's motion was facially sufficient because it identified the cash, wallet, and driver license as his property, alleged that the items were not being held as evidence, and alleged that the items were not the product of criminal activity. As such, the circuit court was required to either attach portions of the record demonstrating that Peterson is not entitled to relief or to consider the motion on the merits at an evidentiary hearing. Accordingly, we reverse and remand for further proceedings.
REVERSED and REMANDED.
SAWAYA, PALMER and TORPY, JJ., concur.
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Citator
Cited By
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Adams v. State, 273 So. 3d 195 (Fla. 5th DCA 2019)
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Peterson v. State (Fla. 5th DCA 2020)
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Dorman v. State (Fla. 4th DCA 2026)
Authorities Cited
- McLIN v. State, 827 So. 2d 948 (Fla. 2002)
- Deatrick S. Bolden v. State, 875 So. 2d 780 (Fla. 2d DCA 2004)
- Lebron v. State, 100 So. 3d 132 (Fla. 5th DCA 2012)
- Almeda v. State, 959 So. 2d 806 (Fla. 2d DCA 2007)
- Wilson v. State, 957 So. 2d 1264 (Fla. 2d DCA 2007)
- Sanchez v. State, 174 So. 3d 439 (Fla. 4th DCA 2015)
- Marxene Juste v. State, 101 So. 3d 379 (Fla. 3d DCA 2012)
- Watkins v. State, 230 So. 3d 1244 (Fla. 3d DCA 2017)