When Can Police in Florida Seize My Cash?

June 17, 2025 Don Pumphrey, Jr. Civil Asset Forfeiture, Criminal Defense Social Share

In Florida, civil asset forfeiture allows law enforcement to seize someone’s assets – including cash – if they develop probable cause to believe the property was used or “reasonably linked” to criminal activity. In fact, the Florida Contraband Forfeiture Act (FCFA) explicitly authorizes law enforcement agencies throughout the state to do so.

But after police in Florida seize someone’s cash, what must they prove to be able to permanently keep it? This article will discuss asset forfeiture under the FCFA – and evaluate when police can and cannot seize someone’s cash pursuant to probable cause.

Under Fla. Stat. Section 932.703, law enforcement agencies in Florida are explicitly authorized to seize cash (currency) if there is probable cause to believe that it was used in violation of any offense covered by the FCFA. This may include drug operations – such as cash stemming from narcotics sales.

However, simply because cash is found near drugs does not automatically mean police may seize it. For a valid seizure of currency under the FCFA, police must develop probable cause, not simply a “hunch” that seized assets were somehow connected to the criminal activity being alleged.

Notably, under the FCFA, an arrest is not required for officers to seize someone’s assets – including cash. As long as law enforcement develops probable cause that currency is an “instrumentality” or the proceeds of an alleged crime, the seizure is permissible.

Important: Courts define probable cause as when the facts and reasonably trustworthy information known to the officer would lead a person of reasonable caution to believe that a crime has been or is being committed. Brinegar v. United States, 338 U.S. 160 (1949). 

Under the FCFA, if someone’s cash is seized based on probable cause of its connection to criminal activity, law enforcement must abide by the following procedures:

• Cash seized must be accompanied by a notice of seizure sent within 5 working days to any known claimant 
• Law enforcement must apply for a probable cause warrant within 10 days of the seizure if they wish to keep the assets

Within 15 days, a claimant – the person whose assets were seized – must submit a request for an adversarial preliminary hearing (APH) if they wish to challenge the seizure. At the APH, the claimant can refute the alleged probable cause basis for the seizure of their assets.

If the claimant’s challenge is unsuccessful and probable cause is found at the adversarial preliminary hearing, law enforcement must file a forfeiture complaint within 45 days announcing their intent to permanently seize the assets. The assets will remain in the hands of police until a final hearing is held if probable cause is established at the APH.

At the “final hearing” to determine whether law enforcement may permanently keep the seized assets, the State must prove the following by clear and convincing evidence:

• The assets were reasonably linked to criminal activity
• The claimant knew or should have known the seized assets were reasonably linked to criminal activity

For an initial seizure of cash under the FCFA, the totality of the circumstances must reasonably link the seized currency to illegal narcotics transactions or other illegal activity (such as money laundering). However, it is not necessary to trace the money to a specific criminal transaction to establish probable cause. Miami-Dade Police Dept. v. Forfeiture of $15,875.51, 54 So.3d 595 (Fla. 3d. DCA 2011). 

Despite this fact, Florida courts require that there be an articulable “nexus” between any cash seized and narcotics violations under the FCFA for probable cause to be found. Medious v. Department of Highway Safety and Motor Vehicles, 534 So.2d 729 (Fla. 5th DCA 1988)

For purposes of law enforcement seizing cash pursuant to asset forfeiture under the FCFA, even  K-9 officer sniff can support probable cause for a seizure. In State v. Forfeiture of $133,888.00 in U.S. Currency, 327 So.3d 472 (Fla. 3d. DCA 2021), the court found that “circumstantial evidence” providing probable cause for the cash’s seizure included the following:

• A large amount of currency kept in an Adidas bag in the back of the vehicle
• The currency was packaged in “quick count” bundles commonly carried by drug dealers
• A K-9 alerted to the bag containing the currency, which indicated it was either mixed with or had been in close proximity to illegal narcotics

When someone’s cash is seized in response to civil asset forfeiture, various defenses may include:

• The claimant did not know and had no reason to know the cash was connected to criminal activity
• There was a legitimate (legal) source of the funds
• There is no substantial connection to the cash and the alleged criminal conduct
• Mere physical proximity between the cash and the illegal activity (such as drugs discovered) is not enough
• Unlawful search or seizure
• Disproportionality/excessive fines clause (Timbs v. Indiana, 139 S. Ct. 682 (2019))
• No in rem jurisdiction for the seizure (typically not applicable for physical cash, but could be applicable for bank accounts or cryptocurrency) 

In sum, law enforcement can seize someone’s cash in Florida pursuant to the Florida Contraband Forfeiture Act (FCFA) if they develop probable cause of its connection to criminal activity. This may include cash proceeds of illegal narcotics transactions or funds tied to other financial crimes such as money laundering.

If law enforcement seizes someone’s cash, they must establish probable cause based on the totality of the circumstances of a “nexus” between the currency and criminal activity – and that the claimant knew or should have known of that connection.

After probable cause is established at the APH (if the claimant requests one), the assets are permitted to be held until a final hearing. There, the State must prove by clear and convincing evidence that the assets were the fruits of or connected to criminal activity – and the claimant knew or should have known this at the time of the seizure.

If someone is arrested and formally charged in Florida in a case involving civil asset forfeiture, it is critical to find experienced and trusted legal representation as soon as possible. This decision could make the difference in whether or not someone faces a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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