¶1We reverse the lower court’s order denying the return of appellant’s confiscated property. Appellant’s due process rights were violated by the state’s refusal to hold an evidentiary hearing for a threshold determination of whether the confiscated property meets the definition of obscene. Stone v. State, 630 So.2d 660 (Fla. 2d DCA 1994). To comport with due process, the appellant must have the opportunity to demonstrate that the property held is not contraband.
678 So. 2d 17
Smith v. State
District Court of Appeal of Florida
Decided August 21, 1996
District Court of Appeal of Florida · decided 1996-08-21
Cited by 3 later decisions — most recently November 2011
3 state decisions
Relies on 630 So. 2d 660 - Stone v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1996-08-21
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