HomeMy WebLinkAbout0612Relying on Griffis, supra, respondent contends there must be a
nexus between the drug dealing and possession of drugs. That
drug forfeiture proceedings are to be strictly construed, since
they are apenalty or forfeiture and shoul.d not be liberally con-
strued.
The cases cited by both parties show that possession
of contraband alone is not sufficient for forfeiture of motor
vehicles, but there must be trafficking or an operation in con-
traband. All of the cases relied on by respondent except ~osley,
~ra, are mere possession cases alone and there was no trafficking
of contraband or drug operation irivolved. The Mosley case seems
to be closest to this case, since it did involve the forfeiture of
a vehicle used to facilitate the sale of contraband. However, in
the Mosley case, the owner of the vehicle departed his car to pro-
cure the illicit drug and the negotiations for the sale of the
drugs, ttie delivery of the drugs and the payment were all accom-
.
plished in the sub~ect vehicle. In this case, the vehicles were
only used to transport co-conspirators, first to a meeting and
then later to the airplane which was used to look over a landing
site or "drop" for the marijuana.
Mosley, supra has a footnote to Platt v United States,
163 F2d 165 (1947) in which the Court held that what is meant by
the word "facilitate" is that if an automobile is used to assist
in the commission of the crime; it is subject to forfeiture. The
Federal statute is exactly the same as our Florida statute, and
therefore, would be authority for the interpretation of Florida
Statute 943.42(3). The commission of the crime in this case would
be the conspiracy to import the marijuana into Florida. The gist
or essence of the crime of conspiracy is the unlawful agreement
and not its accomplishment. 16 Am Jur 2d, Conspiracy, §10. A
criminal conspiracy is defined as an agreement between two or
more persons to accomplish together a criminal or unlawful act.
16 Am Jur 2d, Conspiracy, 42. In the case at bar, the vehicles
were not used to assist in the commission of the crime of
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