Application for Probable Cause to Seize Property
If your property was subject to forfeiture, then the law enforcement agency in Pinellas County that seized the property must complete certain paperwork including the “ex-parte application for seizure probable cause determination” form.
If your property was subject to seizure and the law enforcement agency that seized the property initiates a forfeiture proceeding, then contact an experienced criminal defense attorney in St. Petersburg, FL, at Morris Law Firm, P.A.. Our attorneys can help you demand an adversary preliminary hearing within 15 days of when the property is seized.
Don’t let those 15 days pass without taking the appropriate action to get your property back quickly. Call (727) 592-5885 today.
Application for Probable Cause Form
This five-page form is attached to the Sixth Circuit Administrative Order 2016-039 as Attachment A. The form provides:
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA
IN RE: FORFEITURE OF:
(Description of Property)
Case No.: ________________
EX-PARTE APPLICATION FOR SEIZURE PROBABLE CAUSE DETERMINATION
COMES NOW the Petitioner, ___(insert agency___), by and through undersigned counsel, pursuant to section 932.703(2), Florida Statutes, and says:
- On __(date)___, ___(insert agency)___, seized for forfeiture ___(describe property)___ as more fully set forth in the attached Notice of Seizure. This application is being presented within 10 business days of seizing that property.
The requirements specified in paragraph (1)(a) of section 932.703, Florida
Statutes, have been satisfied based on the fact that one of the following
- The owner of the property was arrested for a criminal offense that forms the basis for determining that the property is a contraband article under section 932.701, Florida Statutes;
- The owner of the property cannot be identified after a diligent search or the person in possession of the property denies ownership and the owner of the property cannot be identified by means that are available to the employee or agent of the seizing agency at the time of the seizure;
- The owner is a fugitive from justice or is deceased;
- An individual who does not own the property is arrested for a criminal offense that forms the basis for determining that the property is a contraband article under section 932.701, Florida Statutes, and the owner of the property had actual knowledge of the criminal activity;
- The owner of the property agrees to be a confidential informant as defined in section 914.28, Florida Statutes; or
- The property is a monetary instrument.
- The facts and circumstances surrounding the seizure are contained in the attached affidavit, which is incorporated as if fully set forth herein.
WHEREFORE, Petitioner requests an Order Finding Probable Cause for Seizure pursuant to section 932.703(2), Florida Statutes.
I HEREBY ATTEST that a copy of this Motion and attached affidavit has been submitted to the Judge this day of ____________, 20___.
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FORMER STATE PROSECUTOR
Melinda Morris is a former prosecutor and has handled thousands of criminal cases from investigation through sentencing enabling us to identify weaknesses in the State’s case against you.
We never settle for the easiest outcome or the typical result. We know how to negotiate with the State Attorney and we will work to get you the best possible outcome.
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Melinda Morris has practiced criminal law for over 20 years. Our clients trust advice that comes from experience in nearly every type of criminal case.
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