Florida District Courts of Appeal, 1995

Jacobson v. Pt. St. Lucie Police Department

Jacobson v. Pt. St. Lucie Police Department
Florida District Courts of Appeal · Decided July 19, 1995 · Farmer, Gunther, Klein
658 So. 2d 1103; 1995 Fla. App. LEXIS 7735; 1995 WL 421250 (Southern Reporter, Second Series)

Jacobson v. Pt. St. Lucie Police Department

Opinion of the Court

PER CURIAM.

We affirm the trial court’s dismissal of appellant’s action for replevin against the Port St. Lucie Police Department in which appellant alleged that the department wrongfully seized his personal property at the time of his arrest. Our affirmance is without prejudice to appellant seeking a return of his property under section 933.14, Florida Statutes (1993), which provides:

If it appears to the magistrate or judge before whom the warrant is returned that the property or papers taken are not the same as that described in the warrant ... the judge or magistrate may order a return of the property taken.

See Brown v. State, 613 So.2d 569 (Fla. 2d DCA 1993), and eases cited therein.

GUNTHER, C.J., and FARMER and KLEIN, JJ., concur.

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