| | FEAR's Brief Bank II: indexed by issue |
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| | Attorney's fees award ("AFA") | [ | 30 | ] |
| | PETITIONER’S REPLY TO MOTION TO DISMISS PETITION, RESPONSE TO ORDER |
| | TO SHOW CAUSE, AND MOTION FOR ATTORNEY’S FEES AND COSTS |
| | Petitioner is seeking his Constitutional and Statutory defined rights and for the City of [ ], through its Police |
| | Department, to comply with its legal duty to bring to light its actions of seizing property to the Court. The |
| | City is attempting to create a legal right to contract between police officers making an arrest and the arrestee |
| | that forgoes and prevents any judicial review of same. The Federal and State Constitutions, however, clearly |
| | place a prohibition on the actions of government when it seeks to take the property of its citizens and place a |
| | condition precedent to the government’s affecting the title to transfer over to them, that condition is a fair and |
| | just determination by an impartial Judge. Since it is the position of the City of [ ] that they are not bound by |
| | the Constitution and Laws of this State, and that they can continue to take its citizens’ properties without any |
| | judicial intervention , a Writ of Mandamus is the appropriate vehicle. The government’s requirement to go to |
| | a court of law to seek a review of its actions when taking the property of its citizens is not discretionary. Law |
| | enforcement officers are given only one discretionary authority to exercise under the Florida Contraband |
| | Forfeiture Act (FCFA), whether or not to seize the property of a person. “The seizing agency may not use the |
| | seized property for any purpose until the rights to, interest in, and title to the seized property are perfected in |
| | accordance with the Florida Contraband Forfeiture Act.” Finally, a law enforcement agency may not |
| | unilaterally convert lawful title over seized property to its ownership without an Order of the Court. Seizing |
| | agency is required to file complaint with court. Before any settlement agreement provision can take effect, there |
| | must first be a proceeding. A “proceeding” is not one or more armed law enforcement officers standing around |
| | a handcuffed property owner and providing him or her with an agreement to forfeit their property over to the |
| | State. Petitioner did not "voluntarily" enter contractual agreement with arresting officers. |
| | by | Lazaro, Louis Daniel |
| | U.S. | v. | John Doe | ( | 2006 | ) |
| | browser view: | BrowserView | filed: |
| | Word Perfect | WordPerfect |
| | MS_Word version: | available | MSWord |
| | RTF version: | available | RichTextFormat | [ | Reply_waiver_ | ] |
| | PDF version: | [ | 484 | ] |
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| | Saturday, October 09, 2010 | Page 1 of 10 |