5D08-2588 Brevard Co. Sheriff's Office v. Baggett

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State: Florida

Court: Florida Fifth District Court

Docket No: 5D08-2588

Case Date: 02/16/2009

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2009

BREVARD COUNTY SHERIFF'S OFFICE, Appellant, v. REBECCA BAGGETT, Appellee. ________________________________/ Opinion filed February 20, 2009 Appeal from the Circuit Court for Brevard County, George B. Turner, Judge. 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. The Brevard County Sheriff's Office (hereinafter "Sheriff") responded to a call concerning an open garage door at a home in Merritt Island, Florida. Upon looking Case No. 5D08-2588

inside the garage, the responding officer immediately recognized evidence consistent with the indoor cultivation of marijuana. While awaiting the search warrant, the officer learned that William Baggett rented the house and drove a blue pick-up truck that was usually parked in the driveway. Just before executing the search warrant, a blue pickup truck drove past the residence. The truck was stopped after failing to stop at a stop sign and William Baggett was identified as the driver. A frisk for weapons uncovered $12,796, divided into $1000 increments and placed in separate plastic bags. After being read his Miranda1 rights, William Baggett admitted growing the marijuana and indicated that he purchased the truck. Although the truck was registered to his daughter and Appellee, Rebecca Baggett, William Baggett stated that he only put her name on the registration because he did not have a valid driver's license. A sales receipt inside the truck indicated that it was sold to him for $14,500. The truck and money were seized as proceeds from the illegal sale of narcotics, and the Sheriff subsequently filed a complaint of forfeiture. Because she was listed as the owner on the truck's registration, Rebecca Baggett was given notice of the seizure and requested an adversarial preliminary hearing. At the hearing, and over objection, Rebecca

Baggett testified by phone and asserted that she did not know the truck was being used in criminal activity. The trial court found the Sheriff did not establish probable cause to continue to detain the property because it failed to present any evidence to prove, by a preponderance of the evidence, Rebecca Baggett knew or should have known that the truck was being used to facilitate a felony.

1

Miranda v. Arizona, 384 U.S. 436 (1966). 2

There are two stages to a foreclosure proceeding. See Velez v. Miami-Dade County Police Dep't, 934 So. 2d 1162, 1164 (Fla. 2006). The first stage is the

adversarial preliminary hearing wherein the seizing agency must establish probable cause that the seized property was used, attempted to be used, or intended to be used in violation of the Forfeiture Act. Id.;

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