Smith v. Caggiano, 86-95
| Decision Date | 24 September 1986 |
| Docket Number | No. 86-95,86-95 |
| Citation | 11 Fla. L. Weekly 2063,496 So.2d 853 |
| Parties | 11 Fla. L. Weekly 2063 Robert L. SMITH, as Chief of Police of the City of Tampa Police Department, Appellant, v. Louis CAGGIANO, Appellee. |
| Court | Florida District Court of Appeals |
George F. Grawe, Jr., Asst. City Atty., Tampa, for appellant.
Henry Gonzalez, Tampa, for appellee.
The city of Tampa appeals from an order denying the forfeiture of a 1981 Cadillac. We reverse.
The Florida Contraband Forfeiture Act defines contraband to include "[a]ny ... vehicle ... which has been or is actually employed as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony." See section 932.701(2)(e), Florida Statutes (1985); City of St. Petersburg Beach v. Jewell, 489 So.2d 78 (Fla. 2d DCA 1986). The Cadillac in this case was shown to have been used to transport its owner, Louis Caggiano, to a particular location where Mr. Caggiano engaged in felonious wagering activities in violation of section 842.25, Florida Statutes (1985). Accordingly, the Cadillac was contraband. See Duckham v. State, 478 So.2d 347 (Fla.1985); One 1976 Dodge Van v. State, 447 So.2d 984 (Fla. 1st DCA 1984); In re Forfeiture of One 1979 Ford, 450 So.2d 863 (Fla. 4th DCA 1984).
Reversed and remanded for proceedings consistent herewith.
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Martinez v. Heinrich, 86-3009
...between the automobile and the illegal activity upon application of the "but for" test. We followed that principle in Smith v. Caggiano, 496 So.2d 853 (Fla. 2d DCA 1986), and upheld the forfeiture of a vehicle that was used to drive to a location where felonious wagering activities occurred......
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Forfeiture of 1979 Ford 4X4 Pickup Truck, Identification No. F14SNDJ4942, In re, 87-2225
...The court held that because the use of the vehicle facilitated the illegal sale, forfeiture was proper. Likewise, in Smith v. Caggiano, 496 So.2d 853 (Fla. 2d DCA 1986), this court held that a Cadillac, used to transport its owner to a particular location where the owner engaged in feloniou......
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City of Edgewood v. Williams
...v. State, 478 So.2d 347 (Fla.1985); In re Forfeiture of One 1983 Lincoln, 497 So.2d 1254 (Fla. 4th DCA 1986); and Smith v. Caggiano, 496 So.2d 853 (Fla. 2d DCA 1986). The issue presented is whether Williams' car was subject to forfeiture pursuant to section 932.701(2)(e) of the Florida Stat......
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Forfeiture of 1986 Ford PU 17TH725Y4GNA07879E228128, In re, 92-00736
...truck before taking them to where he lived, had formed the intent to participate in further sexual activity with them. Smith v. Caggiano, 496 So.2d 853 (Fla. 2d DCA 1986) and Duckham v. State, 478 So.2d 347 (Fla.1985) both appear to be on point. In Smith, an automobile was subject to forfei......