MIAMI-DADE POLICE DEPARTMENT v. MARTINEZ

No. 3D01-3391.

838 So.2d 672 (2003)

MIAMI-DADE POLICE DEPARTMENT, Appellant, v. William F. MARTINEZ, and In re Forfeiture of 101,100.00 in United States Currency, Appellee.

District Court of Appeal of Florida, Third District.

March 5, 2003.


Attorney(s) appearing for the Case

Judith E. Secher, for appellant.

Barrett, Rogers & Associates and William L. Rogers, Miami, for appellee.

Before SCHWARTZ, C.J., and GERSTEN and FLETCHER, JJ.


SCHWARTZ, Chief Judge.

The Miami-Dade Police Department, the petitioner in a proceeding for the forfeiture of $101,100.00 which allegedly belonged to the appellee William Martinez, appeals from an order suppressing the money on Fourth Amendment grounds. Specifically, although it is undisputed that the cash was found during a search to which the owner and occupant of the premises, Mrs. Victoria Cepeda, Martinez's mother, voluntarily consented, the trial court held...

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