Gallagher v. Mansbridge
Gallagher v. Mansbridge
Opinion of the Court
This is an appeal by the sheriff of Orange County regarding the dismissal of a forfeiture action involving a motor vehicle. On June 5, 1989, the appellee, John Mans-bridge, went to Ace’s Juke on Willow
The trial court, in its dismissal of the complaint for forfeiture, gave no reasons. In reviewing the record on appeal, given the affidavit of Deputy Chapman which sets out the salient facts above, this case should have resulted in forfeiture of the motor vehicle involved.
The case law in this area is clear. If a vehicle is used to facilitate a crime, it is subject to seizure. Edgewood v. Williams, 556 So.2d 1390 (Fla. 1990); State v. Crenshaw, 548 So.2d 223 (Fla. 1989); Duckham v. State, 478 So.2d 347 (Fla. 1985). Mansbridge drove into the parking lot of Ace’s Juke in Zellwood and remained in his car until Deputy Chapman approached him regarding the drug transaction. As is evidenced by the facts in this case, defendant Mansbridge had, in his possession as he sat in the car, a dime rock of cocaine. The illegal activity involved in this proceeding took place in conjunction with the use of the vehicle, as is evidenced by the fact that this area was renowned for its curb-side narcotics transactions. The underlying crime that entitles the sheriff’s office to seek forfeiture is therefore established regarding the motor vehicle involved in these forfeiture proceedings.
Therefore, under the authority of Duck-ham, and the more recent case of Edge-wood, we reverse the order dismissing the sheriff’s forfeiture complaint and remand to the trial court for proceedings consistent with this opinion.
REVERSED AND REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.