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CARBAJAL v. FORFEITURE OF $75,781.00

No. 3D09-3360.

36 So.3d 747 (2010)

Elba CARBAJAL, Appellant, v. FORFEITURE OF: U.S. CURRENCY $75,781.00: MIAMI-DADE POLICE DEPARTMENT, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing En Banc Denied June 25, 2010.

Attorney(s) appearing for the Case

Sinclair, Louis, Heath, Nussbaum & Zavertnik, P.A., and Marshall Dore Louis, Miami, for appellant.

Luis M. Fuste and Robert Knabe, for appellee.

Before RAMIREZ, C.J., and COPE and GERSTEN, JJ.

RAMIREZ, C.J.

Elba Carbajal1 appeals the order finding probable cause in a forfeiture action for the amount of $75,781. We reverse because the money seized did not constitute an instrumentality of the charged offense.

On October 22, 2009, the government seized $75,781 in United States currency from Carbajal upon entry into the United States. Carbajal failed to report that she carried in excess of $10,000 in United States currency...

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