IN RE FORFEITURE OF $ 55,045.00

No. 2D99-1594.

753 So.2d 735 (2000)

IN RE FORFEITURE OF FIFTY-FIVE THOUSAND, FORTY-FIVE DOLLARS ($55,045.00) IN U.S. CURRENCY. Mario Albury, Appellant, v. City of North Port, Appellee.

District Court of Appeal of Florida, Second District.

March 22, 2000.


Attorney(s) appearing for the Case

Gerald A. Perez of Taylor & Perez, P.A., Tampa, for Appellant.

Debra A. Rowe, Fort Myers, for Appellee.


CAMPBELL, Acting Chief Judge.

Appellant challenges the nonfinal order forfeiting currency discovered in his vehicle upon a finding of probable cause to believe that the currency was illicitly used within the meaning of section 932.701(2)(e), Florida Statutes (1997). We conclude that probable cause did not exist under the statute and reverse.

The rented vehicle in which appellant was traveling was stopped for a speeding violation in the early morning hours...

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