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McLANE v. ROSE

No. 88-1162.

537 So.2d 652 (1989)

Austin C. McLANE, As Chief of Police of the City of Tampa Police Department, Appellant, v. Ansell George ROSE, Owner of One 1987 Buick Somerset, 2-Door 1987 Florida Tag: BJP-64V, VIN: 1G4NJ11U5HMO 15555, Appellee.

District Court of Appeal of Florida, Second District.

January 6, 1989.

Attorney(s) appearing for the Case

Ernest Mayor, Jr., Asst. City Atty., Tampa, for appellant.

No appearance for appellee.

SCHOONOVER, Judge.

The appellant, Austin C. McLane, in his capacity as Chief of the Tampa Police Department, challenges a final order denying forfeiture of a 1987 Buick Somerset automobile owned by the appellee, Ansell George Rose. We find that the trial court erred by denying forfeiture on the basis that certain tangible evidence was improperly seized from the appellee and, accordingly, reverse.

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