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DEWEY v. DEPT. OF HIGHWAY SAFETY AND MTR. VEH.

No. 87-408.

529 So.2d 300 (1987)

Landis Joseph DEWEY, Appellant, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF FLORIDA HIGHWAY PATROL, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 4, 1987.

Attorney(s) appearing for the Case

John Liguori, Bartow, for appellant.

Enoch J. Whitney, Gen. Counsel, Dept. of Highway Safety and Motor Vehicles, Tallahassee, and Debra L. Romanello of Moffitt, Hart, Rigsby & Herron, Tampa, for appellee.

PER CURIAM.

We reverse the forfeiture of $13,000 cash found in defendant's automobile following a consensual search of the automobile after defendant was stopped for a speeding violation. We conclude that probable cause did not exist that the money was illicitly used within the meaning of section 932.701(2)(e), Florida Statutes (1985).

Appellant, driving a 1974 Cadillac at 74 miles per hour, was stopped by a highway patrol trooper for speeding. While in the...

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