Zarcadoolas v. Tony
In a civil forfeiture case arising from a search warrant executed by a sister agency, the Fourth District held the warrant affidavit was facially insufficient for probable cause (stale allegations, unverified confidential sources, an affiant lacking relevant training) and, alternatively, that the affidavit contained Franks-level false statements/omissions about the signing officer's actual role and knowledge, requiring suppression. The court also held BSO failed to establish probable cause under the Forfeiture Act that the seized bank accounts or cash were instrumentalities of bookmaking/money-laundering, ordering return of all property.
Key facts
- Broward Sheriff's Office executed a search warrant based on an affidavit that relied on unverified anonymous tips, unidentified confidential sources, and allegations more than four months old, resulting in seizure of bank accounts and cash.
- The trial court denied the defendant's motion to suppress and upheld the forfeiture, finding probable cause that the seized funds were instrumentalities of bookmaking and money laundering.
- +2 more key facts with a free trial
Why it matters
This opinion gives defense counsel a useful roadmap for staleness and Franks challenges, particularly where officers from different jurisdictions co-sign affidavits for jurisdictional convenience without full knowledge… — full analysis with a trial
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