Florida v. Tyvessel Tyvorus White (526 U.S. 559)

U.S. Supreme Court · decided May 17, 1999 · Supreme Court Database (Spaeth)

Citation
526 U.S. 559 · 119 S. Ct. 1555
Decided
May 17, 1999
Term
October Term 1998
Vote
7–2
Majority author
Justice Thomas
Issue area
Criminal Procedure
Disposition
Reversed and remanded
Outcome
Petitioning party won
Ideological direction
Conservative

Opinion excerpt

Justice Thomas delivered the opinion of the Court. The Florida Contraband Forfeiture Act provides that certain forms of contraband, including motor vehicles used in violation of the Act’s provisions, may be seized and potentially forfeited. In this ease, we must decide whether the Fourth Amendment requires the police to obtain a warrant before seizing an automobile from a public place when they have probable cause to believe that it is forfeitable contraband. We hold that it does not. I On three occasions in July and August 1993, police officers observed respondent Tyvessel Tyvorus White using his car to deliver cocaine, and thereby developed probable cause to believe that his ear was subject to forfeiture under the Florida Contraband Forfeiture Act (Act), Fla. Stat. §932.701 et seq. (1997). Several months later, the police arrested respondent at his place of employment on charges unrelated to the drug transactions observed in July and August 1993. At the same time, the arresting officers, without securing a warrant, seized respondent’s automobile in accordance with the provisions of the Act. See § 932.703(2)(a). They seized the vehicle solely because they believed that it was forfeitable under the Act. During a subsequent inventory search, the police found two pieces of crack cocaine in the ashtray. Based on the discovery of the cocaine, respondent was charged with…

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