Seizures for Forfeiture in Pinellas County, FL
Law enforcement agencies in Pinellas County, FL, seize property for forfeiture. Traditionally, that property included U.S. currency and vehicles. Recently, the sheriff’s office has begun investigating cyber crimes and seizing cryptocurrency. The attorneys at Sammis Law Firm focus on civil asset forfeiture in general and cryptocurrency seizures in particular.
Each local, state, or federal law enforcement agency in Pinellas County, FL, handles seizures and forfeitures differently. The rules depend on whether a state or federal agency initiates the forfeiture.
If you received a receipt after the seizure, it will often list the seizing agency. Shortly after the seizure, you will be provided with a notice for seizure that explains your right to demand an adversarial preliminary hearing (APH) within fifteen (15) days of the seizure.
If you want the property back, there is rarely a good reason not to file the request for the APH as provided by Section 932.703(3), Florida Statutes. The APH demand requires an attorney for the agency to schedule a hearing with witnesses and evidence within ten (10) calendar days.
At the hearing, the agency that took the asset must either establish probable cause that the property was used in violation of the Florida Contraband Forfeiture Act as explained in § 932.701(2)(f) or return the property.
If the agency gets past the APH, they must file a complaint for forfeiture. Then you must file a judicial claim and answer to that complaint to begin the litigation in the civil asset forfeiture case. If you also have pending criminal charges that are related to the seizure, the civil asset forfeiture case might be stayed until the criminal case is resolved.
After that, the civil asset forfeiture case might be set for trial if not resolved with a motion to dismiss or a motion for summary judgment. The attorneys at Sammis Law Firm can help you at all stages of the civil and criminal case.
Attorney for Seizures and Forfeitures in Pinellas County, FL
The attorneys at Sammis Law Firm help clients get their money or other valuable property back after a seizure in Pinellas County, FL. Let our civil asset forfeiture attorneys help you demand an adversarial preliminary hearing (APD) immediately after the seizure.
We fight seizures for forfeiture by all of the law enforcement agencies in Pinellas County, including the Pinellas County Sheriff’s Office, St. Petersburg Police Department, Clearwater Police Department, Pinellas Park Police Department, Largo Police Department, Tarpon Springs Police Department, Gulfport Police Department, Kenneth City Police Department, and Treasure Island Police Department.
We can also help you file a demand for the return of property or an answer to the complaint for forfeiture. We understand how recent legislative changes in Florida make getting your property back quickly easier.
We are experienced in fighting these cases at the adversarial preliminary hearing and at trial. We’ve also successfully appealed forfeiture cases. We understand the best ways to get your frozen cryptocurrency back pending a seizure for forfeiture.
Let us help you preserve any claim that the agency that seized your property should be ordered to pay your attorney fees, costs, and damages. Our office for Pinellas County is located at 14010 Roosevelt Blvd Suite 701, Clearwater, FL 33762-3820, near the CJC courthouse on 49th Street.
Call 727-210-7004.
The Adversarial Preliminary Hearing (APH) in Pinellas County, FL
During criminal investigations, deputies and detectives with the Pinellas County Sheriff’s Office and other local law enforcement agencies might seize U.S. Currency (cash or money) or other valuable property, including vehicles and cell phones.
If the property is seized under the Florida Contraband Forfeiture Act (the Act), §§ 932.701-.706, Fla. Stat., you should receive a receipt and notice of seizure.
The notice explains that you have a right to demand an adversarial preliminary hearing (APH) within 15 days of the seizure or when you received notice.
Don’t wait. Act quickly if you want the property back. Contact an attorney about immediately demanding the adversarial preliminary hearing (APH). Getting the property back quickly becomes much harder if you don’t demand the APH within 15 days.
What Happens at the APH?
The agency might agree to return your property to you to avoid the adversarial preliminary hearing.
If not, then at the APH, the attorney for the agency involved in the seizure must present sufficient evidence to establish that it had probable cause to believe that the property was a contraband article.
The agency’s attorney will usually call the officer that seized the property to testify.
After the hearing, the trial court has to decide, under the totality of the circumstances, whether the agency established probable cause under the Florida Contraband Property Act. If the trial court finds that insufficient evidence supports the seizure, the court will order that the property be immediately returned.
If the trial court finds probable cause does exist, it will permit the agency to retain possession of the property pending further order from the court.
The Complaint for Forfeiture in Pinellas County, FL
If you do nothing after the seizure, then the agency that seized the money or property will file a complaint for forfeiture alleging in part the property is “a contraband article as defined in [s]ection 937.701(2)(a), Florida Statutes.” You should hire an attorney to help you file an answer to the complaint for forfeiture.
Section 932.701(2)(a)(5) defines “contraband article” in pertinent part to mean:
“[a]ny . . . vehicle of any kind . . . which was used or was attempted to be used as an instrumentality in the commission of . . . any felony . . . or which [was] acquired by proceeds obtained as a result of a violation of the Florida Contraband Forfeiture Act.”
Section 932.701(2)(g) defines “forfeiture proceeding” to mean:
“a hearing or trial in which the court or jury determines whether the subject property shall be forfeited.”
Cryptocurrency Seizures in Pinellas County
Expect more seizures of cryptocurrency for forfeiture by the Cyber Crimes Section of the Pinellas County Sheriff’s Office. Those investigations might involve PCSO’s Cyber Investigations Unit and Digital Forensics Unit
, including Bitcoin (BTC), Ethereum (ETC), and stablecoins like USDT and USDC. In fact, the Pinellas County Sheriff’s office just posted a job opening for a “Cyber Investigative Specialist.”
What does Cyber Investigative Specialist working for a local law enforcement agency in Florida do? The Cyber Investigative Specialist for the Pinellas County Sheriff’s Office will work under the general direction of the Cyber Investigations Sergeant, performs professional, technical, and analytical work in support of the Cyber Crimes Section.
The Cyber Investigative Specialist works with detectives within both the Cyber Investigations Unit and Digital Forensics Unit by conducting detailed research, digital evidence analysis, and data-driven investigative support.
The Cyber Investigative Specialist is responsible for collecting, processing, analyzing, and interpreting digital and cyber-related information to assist in detecting, investigating, and preventing cyber-enabled and cyber-dependent criminal activity.
The position requires a strong understanding of technology, cybersecurity principles, and digital evidence handling. Members are expected to work with a high degree of independence, initiative, and confidentiality. Work is reviewed through observation, reports produced, and overall case outcomes. The essential functions and responsibilities of the Cyber Investigative Specialist include:
- Identifing trends, patterns, and links between cases to assist in developing leads
- Helping detectives with investigations involving cyber-enabled and cyber-dependent crimes
- Managing intake, documentation, and investigation of new cases as needed to ensure timely and accurate reporting
- Assisting with the organization, and management of digital evidence and case materials
- Conducting research and background inquiries using databases, open-source information, and law enforcement systems
- Coordinating with other agencies and partners for information sharing and joint investigations
- Analyzing digital and electronic information from various sources
- Reviewing each subpoena and search warrant returns and extracts relevant information
- Prepares reports, summaries, and visual aids to support investigative findings
- Providing courtroom testimony as required
- Maintaining accurate records and ensures proper handling of confidential information
- Keeping current with emerging technologies and evolving methods of cybercrime investigation
- Participating in community presentations related to cyber safety and fraud prevention
Qualifications include:
- Graduation from an accredited college or university with a Bachelor’s Degree in Criminal Justice, Cybersecurity, Computer Science, Digital Forensics, or related field
- Three (3) years’ experience in criminal investigations, data analysis, or related law enforcement work
- Or an equivalent combination of education and experience
- Must possess a valid Florida driver’s license
- Specialized training or certifications in cybercrime investigation, digital forensics, or data analysis preferred
- Knowledge of investigative techniques and the criminal justice process
- General understanding of digital evidence, computers, networks, and online platforms
- Ability to collect, organize, and analyze complex data and summarize findings clearly
- Skill in using computer applications, databases, and analytical software
- Strong written and verbal communication skills
- Ability to think critically, solve problems, and manage multiple tasks effectively
- Ability to maintain confidentiality and handle sensitive information responsibly
- Ability to establish and maintain effective working relationships with coworkers, partner agencies, and the public
- Willingness to learn and adapt to new technologies and investigative method
Learn more about blockchain law’s impact on civil and criminal asset forfeiture.
Awards for Interest, Costs, Attorney’s Fees, and Damages
The Florida legislature recently amended section 932.703(1)(d)(2) of the Act to provide, among other things, that:
“[u]nless otherwise expressly agreed to in writing by the parties, the agency seeking forfeiture of the seized property is responsible for any damage to the property and any storage fees or maintenance costs applicable to the property.” Ch. 2016-179, § 2, at 1996-98, Laws of Fla.
This means that even if the agency files a notice or motion for voluntary dismissal, you can still be awarded damages.
If you prevail at motion or trial, your attorney can also help you assert a claim that you should be awarded:
- damages for the agency’s seizure and improper storage of the property under section 932.704(9)(b);
- reasonable trial attorney’s fees and costs to the claimant if the court finds that the seizing agency has not proceeded at any stage in the proceedings in good faith or that the agency’s action which precipitated the forfeiture proceedings was a gross abuse of the agency’s discretion under section 932.704(10);
- attorney’s fees and costs under section 932.704(10), which provides for fees and costs when “the seizing agency has not proceeded at any stage of the proceedings in good faith or that the seizing agency’s action which precipitated the forfeiture proceedings was a gross abuse of the agency’s discretion.”
Administrative Order No. 2016-039 PA/PI-CIR
Administrative Order No. 2016-039 PA/PI-CIR governs the local rules for forfeiture proceedings. Within ten (10) business days of the seizure, the agency must obtain a case number from the clerk and submit an “Application for Seizure Probable Cause Determination” with an accompanying affidavit to the court for ex-parte review and ruling. See Section 932.703(2)(a), F.S.
Pinellas County’s ex-parte review application is provided to the Honorable Anthony Rondolino, Chief Judge. After the court decides to grant or deny the request, the judicial assistant files the original Application and the attached affidavit with the Clerk of Court.
In an updated posting, the Pinellas County Sheriff’s Office announced that it will publish all notices pursuant to § 932.704(6)(a) of the Florida Contraband Forfeiture Act, §§ 932.701-706 in the Business Observer.
On July 22, 2022, the Pinellas County Sheriff’s Office (PCSO) and the St. Petersburg Police Department (SPPD) entered into a Memorandum of Understanding (MOU) delineating the amount of U.S. Department of Justice (DOJ) Justice Assistance Grant (JAG) funds each will receive. The MOU provided that $91,021.50 in forfeiture funds would be allocated to the County and $91,021.50 to the City.
Additional Resources
Seizures for Forfeiture by the Pinellas County Sheriff’s Office – For Seizure/Forfeiture Publication Information, visit the Pinellas County Sheriff’s Office (PCSO). Learn more about how PCSO publishes notices pursuant to § 932.704(6)(a) of the Florida Contraband Forfeiture Act, §§ 932.701-706, in the Business Observer. Also find information on new efforts to seize and forfeiture cryptocurrency and digital assets.
This article was last updated on Friday, January 9, 2025.