524 So. 2d 1077 - Russell v. Wanicka’s Empirical Analysis
1988
Citation profile
2 state decisions
Relationships
Relies on Breed v. Jones · Gulfstream Park Rac. Ass'n v. Dept. of Bus. Reg. · City of Tallahassee v. Forfeiture of One Yellow 1979 Fiat 2-Door Sedan Florida Tag No. FVN-467 · In re Forfeiture of a 1981 Ford Automobile, VIN ABP32F8BU154691 · 405 So. 2d 249 - Brown v. City of Miami
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(2) No property shall be forfeited under the provisions of ss. 932.701-932.704 if the owner of such property establishes that he neither knew, nor should have known after a reasonable inquiry, that such property was being employed or was likely to be employed in criminal activity. Property titled or registered jointly between husband and wife by use of the conjunctives “and,” “and/or,” or “or” shall not be forfeited if the coowner establishes that he neither knew, nor should have known after a reasonable inquiry, that such property was employed or was likely to be employed in criminal activity. (3) No bona fide lienholder’s interest shall be forfeited under the provisions of ss. 932.701-932.704 if such lienholder establishes the he neither knew, nor should have known after a reasonable inquiry, that such property was being used or was likely to be used in criminal activity; that such use was without his consent, express or implied; and that the lien had been perfected in the manner prescribed by law prior to such seizure.”
1 later decision quote this exact passage“Applying and extending our reasoning in [City of Clearwater v. Malick, 429 So.2d 718 (Fla. 2d DCA 1983)], to this case, we hold that if the co-owners are not husband and wife, the guilty knowledge of one conjunctive co-owner is a sufficient basis to justify forfeiture.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.