ESLINGER v. MARTINEZ

No. 5D07-659.

969 So.2d 1191 (2007)

Donald F. ESLINGER, Sheriff, etc., Appellant, v. Arnaldo MARTINEZ, Appellee.

District Court of Appeal of Florida, Fifth District.

December 7, 2007.


Attorney(s) appearing for the Case

David Lane, Sanford, for Appellant.

No Appearance for Appellee.


PLEUS, J.

In this forfeiture action, Seminole County Sheriff Donald Eslinger appeals an order finding that Arnaldo Martinez was entitled to the return of $29,844.35 out of $56,144.35 seized. Eslinger argues that circumstantial evidence established probable cause to believe that the entire $56,144.35 was contraband. Based upon the low standard required at the adversarial preliminary hearing, we agree and reverse.

Eslinger filed a complaint seeking forfeiture...

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