605 So. 2d 102 | Fla. Dist. Ct. App. | 1992
In this civil forfeiture case, the only question we address is whether there was sufficient, clear and convincing evidence that a large sum of cash was to be used in furtherance of a criminal enterprise, or whether there was an entitlement to a directed verdict as a matter of law. The trial judge ruled it was a jury question. We reverse.
The sum of $21,650 was discovered by a police officer in a briefcase located in the trunk of a vehicle.
We considered the Third District’s decision in Fletcher v. Metro Dade Police Department Law Enforcement Trust Fund, 593 So.2d 266 (Fla. 3d DCA 1992), in which a forfeiture of $55,000 was upheld. We easily distinguish that case because there was evidence of criminal activity transacted from Fletcher’s business premises. This evidence was secured through a properly executed search warrant on Fletcher’s business where large quantities of narcotics were seized. No such criminal conduct was produced by the state in the present case.
REVERSED.
. We need not address the stop of the vehicle or the validity of the consented-to search.