Beary v. Gay 732 So. 2d 478 (Fla App. 5 Dist. 1999)

Andrew Lloyd Cameron

Case Conclusion Date:May 21, 1999

Practice Area:Criminal Defense

Outcome:Circuit Court reversed

Description:Claimant Carol Gay, sued Orange County Sheriff Kevin Beary for return of U.S. currency seized from her car while traveling on Florida's Turnpike. Sheriff's office asserted that currency was drug money based upon manner of packaging and alleged dog alert. Circuit court granted claimant's Motion for Summary Judgment based upon lack of nexus between currency and criminal activity.Sheriff appealed summary judgment. Circuit court reversed. Sheriff dismissed forfeiture and returned funds.