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BREVARD COUNTY SHERIFF'S OFFICE v. BAGGETT

No. 5D08-2588.

4 So.3d 67 (2009)

BREVARD COUNTY SHERIFF'S OFFICE, Appellant, v. Rebecca BAGGETT, Appellee.

District Court of Appeal of Florida, Fifth District.

February 20, 2009.

Attorney(s) appearing for the Case

Jason M. Gordon and Robin M.L. Cornell, Cocoa Beach, for Appellant.

Timothy C. Houck of Cary, Houck & Edwards, Melbourne, for Appellee.

COHEN, J.

The issue raised in this appeal is whether a seizing agency must show, at the adversarial preliminary hearing, that an owner knew or should have known the property seized was being used in violation of the Florida Contraband Forfeiture Act, section 932, et seq., Florida Statutes (2007) (hereinafter "Forfeiture Act"). We agree with the trial court that such a showing must be made, but reverse because the trial court employed the wrong legal standard...

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