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METROPOLITAN DADE COUNTY v. GARCIA

No. 79-388.

375 So.2d 45 (1979)

METROPOLITAN DADE COUNTY, Florida, for the Use of or Sale by the Dade County Public Safety Department, Appellant, v. Hilda Castanon GARCIA, Aurelio Ramos and a 1974 Dodge Truck, Bearing Florida Tag # Aje-062, Vin # B11AB4V051759, Appellees.

District Court of Appeal of Florida, Third District.

September 18, 1979.

Attorney(s) appearing for the Case

Janet Reno, State's Atty. and Robert W. Wennerholm, Asst. State's Atty., for appellant.

Engel, Aronson, Fried & Cohn and Robert C. Hill, Miami, for appellees.

Before BARKDULL, KEHOE and SCHWARTZ, JJ.

PER CURIAM.

When law enforcement officers attempt to effect the forfeiture of a motor vehicle1 which has been used in the transportation of contraband, a trial judge should release the vehicle to its innocent owner. One 1973 Cadillac v. State, 372 So.2d 103 (Fla.2d DCA 1979).

We do not adopt the reasoning that Section 943.44(1), Florida Statutes...

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