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City of Coral Springs v. Forfeiture of a 1997 Ford Ranger Pickup Truck Vin#1FTCR10A4VTA624751/2/2002
The City of Coral Springs appeals from the trial court order denying its petition for probable cause for forfeiture of a 1997 Ford Ranger Pickup Truck, VIN 1FTCR10A624VTA62475, FL Tag #U16BDE.
The City of Coral Springs (City) filed a petition for probable cause for forfeiture of a 1997 Ford Ranger Pickup Truck, VIN 1FTCR10A624VTA62475, FL Tag #U16BDE (Ford Ranger), pursuant to the Florida Contraband Forfeiture Act, sections 932.701-932.707, Florida Statutes (2000). The petition alleges that Charles Wandell (Wandell) used the Ford Ranger in the commission of the following offenses: aggravated battery on a law enforcement officer, fleeing and eluding, driving under the influence with an injury, driving under the influence and resisting an officer with violence.
In the verified affidavit attached to the petition, Officer Robert Wolsky set forth the events leading to Wandell's arrest: On January 19, 2001, Officer Wolsky observed Wandell driving a truck westbound on Wiles Road, weaving from side to side. Wandell stopped the truck. Officer Wolsky approached the truck and observed fresh damage to the front of the truck. Wandell stepped out of the vehicle and Officer Wolsky ordered him back into the vehicle. Wandell stood and swayed before entering the truck. He had a strong odor of alcohol and slurred speech. He refused to give the officer his registration and driver's license.
Officer Wolsky ordered Wandell out of the truck in order to perform a field sobriety test. Wandell put the truck in gear, turned the truck toward the officer and struck him on the left side, forcing him out of the way. Wandell drove off at a high rate of speed, swerving from lane to lane and refusing to stop for three marked police cars with lights and sirens on. He drove through a red light, made an illegal U-turn, drove recklessly through occupied business parking lots and finally came to a stop in a parking lot after driving over a concrete parking lot stop block. Wandell was ordered to remain in his vehicle but he fled the scene on foot. Officer Wolsky chased Wandell and directed him to the ground. He was handcuffed and arrested.
The case proceeded to an adversarial preliminary hearing to determine whether there was probable cause for forfeiture. At the hearing, the City submitted Officer Wolsky's affidavit and indicated that he had a personal emergency and could not attend. The trial court determined there was insufficient evidence to find probable cause the vehicle was used in the commission of a felony and denied the petition for probable cause for forfeiture of the Ford Ranger.
The City argues the trial court erred when it found the evidence in the affidavit was insufficient for a finding of probable cause. We agree.
Whether the facts before the trial court are legally sufficient for a finding of probable cause is reviewed de novo. See Dep't of Highway Safety and Motor Vehicles v. Jones, 780 So. 2d 949, 951 (Fla. 4th DCA 2001)(citing Ornelas v. United States, 517 U.S. 690, 691, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996); Curtis v. State, 748 So. 2d 370 (Fla. 4th DCA 2000)).
The Florida Contraband Forfeiture Act (the Act) makes it unlawful to use personal property as an instrumentality in the commission of, or in aiding or abetting in the commission of any felony. See §§ 932.701(2)(a)5., 932.702(4), Fla. Stat. (2000). Personal property may be seized at the time of violation or subsequent to violation of the Act. See § 932.703(2)(a), Fla. Stat. (2000). Following a seizure, there is a right to an adversarial preliminary hearing. See id. An adversarial preliminary hearing is defined as a hearing in which the seizing agency is required to establish probable
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