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IN RE FORFEITURE OF THE PROPERTY: 1975 FORD: N.C. TAG NO. WEX 580

No. 82-868.

426 So.2d 44 (1982)

In re Forfeiture of the Following Described Property: 1975 Ford: North Carolina Tag No. WEX 580; Vin. 5U65S182931. Gerald A. COLEMAN, Sheriff of Pinellas County, Florida, Appellant, v. Dewitt Marion BRANDON, III, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 27, 1983.

Attorney(s) appearing for the Case

Andrew J. Rodnite, Largo, for appellant.

Martin Errol Rice of Skelton, Willis & Rice, St. Petersburg, for appellee.

SCHEB, Judge.

We hold that the Florida Contraband Forfeiture Act does not provide for forfeiture of a motor vehicle when only an attempt is made to use the vehicle for transportation of contraband.

DeWitt Brandon exited a motel with several bags of contraband. He placed the bags on the ground next to the open trunk of his car, apparently intending to put them in the trunk. Brandon was arrested before he could do so. The trial court dismissed the sheriff's...

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