DELANO A. JONES
v.
STATE

Fla. 5th DCA | 2018-07-09
No. 5D17-3876
Florida District Court of Appeal, Fifth District (2018)

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Holding

Police-seized property must be returned to a defendant except for items that directly form the basis of criminal charges.


Headnotes

[1] Property seized by police at the time of arrest must be returned to the defendant, except for items that directly form the basis of the criminal charges.

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Facts & Procedural History

Delano Jones was arrested and police seized property at that time. Jones moved to have the seized property returned, but the trial court denied his mo…

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Opinion of the Court

PER CURIAM. Delano Alfonca Jones appeals the trial court’s order denying his motion to return property seized by the police at the time of his arrest. The State concedes error except as to the single firearm discharged by Jones resulting in the charges against him. We accept the State’s concession and reverse the order denying return of the property seized by the police except as to the shotgun that formed the basis of count III of the charges brought against Jones.

AFFIRMED in part; REVERSED in part; and REMANDED.

ORFINGER, TORPY and LAMBERT, JJ., concur.


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