Raffone v. Fort Lauderdale Police Department
This text of 731 So. 2d 94 (Raffone v. Fort Lauderdale Police Department) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The state concedes that the trial court erred in summarily denying appellant’s motion for return of property. We reverse and remand this matter to the trial court for an evidentiary hearing to determine ownership of the items requested, status and location of the seized property, and a valid basis, if any, for permitting retention of the property by the seizing agency. See Calavenzo v. State, 695 So.2d 857 (Fla. 4th DCA 1997); Wright v. State, 570 So.2d 1135 (Fla. 4th DCA 1990).
REVERSED and REMANDED for further proceedings.
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Cite This Page — Counsel Stack
731 So. 2d 94, 1999 Fla. App. LEXIS 4688, 1999 WL 212011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raffone-v-fort-lauderdale-police-department-fladistctapp-1999.