Supreme Court of Florida

Under the Florida Contraband Forfeiture Act, a person demonstrating that he or she was in possession of the property subject to forfeiture at the time of the seizure has standing at an adversarial preliminary hearing to challenge probable cause for the seizure and is not required to also show a proprietary interest in the property. However, the statutory right to participate in the adversarial preliminary proceeding carries with it an initial burden of establishing one is a -person entitled to notice.-

Appellate Information

• Decided 02/16/2006
• Published 02/16/2006

Judges

• BELL, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Paul Morris, Miami, FL, and Robert A. Rosenblatt, Pinecrest, FL, for Petitioner.


• For Appellees:
  
• Roberto Elpidio Fiallo and Robert Knabe, Miami, FL, for Respondent.