HomeMy WebLinkAbout1953-021R }s T 0 11 1i
IR HE: Forreiture of the follow] alg described property:
One 1950 Catalina oij!ht cylinder Pontiac, ,totar
No. W-8TI18877, Serial No. W..ftfl(1177-
T0: `She Cler} of t},ri Ctrcaait Court,
Indian River County, Floridra.
Csttlaes raow the 13onr(t r)f County Coa,uni:rnlonerm of Indian
Riva,z+ County, I'loricia, rand >aaict+ar it.^. retuzryn to t}:rr Glor}c of than
Circuit Court of Indian 'livor County, Plcri.da, for the seizure
and forfaituro of one 1950 Ccatal.i.nra cs.tl'trt cylinder Pontiac, Motor
No. W-ST'HP(3177, scrinl 11n. 11_t(,?HVJ; 77, as follow", to -wit.:
1. The property soizrad sant] head for Porfeltore Is one
1950 Caat al "a.a cit -ht cylinder font ;.ac , 110tor No. d-PT11 R77, ;aerial
2. `Ohe facts and c.iram:astances under which the same
was _011 ad arc as fclloWe:
on November 113, 1953, or. State Road t�, .iolath of Voro
i3oncla it, :indian Pfiver County, V:Lori,,?n, at or near the Offlo Road,
Indian a?ivor Comity I)e,auty 41,oriff Henry DOWltt notices} t1le
aaforomentiGned veh].ele. traivollIn ; Sonat}. ars State Road 5 at an
oxcoasivo mato of trpuod, in oxcoss of 90 miler] pair hour and boirg
(.3.rivon in +_a rockletaaa manner. I)oputy Sheriff DeWitt rave chase to
tl-se vehicle and while in }sot p arsu:it proc000ed after the vehicle
into St. T.aacio County, I=loridal, whore tho vehi01e was stopped.
t1hen the (irlver 0" thO v011010 o}u)nas3 tree door, Deputy Sheriff
DoJitt noticed a numbor (af five -gallon juga of liquid In the car
which, anon investignti.ora, proved to be moonshine whiskey.
'thereupon, an arrest was ,,,ndo by said Deputy Sheriff for the pos-
sosttion of untaxed liquorn and reckless driving and the afore-
said vellielo was seized and roturned to the custody of the Sheriff
of Indiun Ttiver County, ploridai, ahicl>. sulci :31aerirC thereupon
u0li.vern(I I)oaresevaion of said vehicle, together with }lin return of
selzurce, to the 13ourd of County CotiurAsslouers of Indian I?Iver
County, Ploridaa.
3. The reasons why the soirll-ir off 100r know (>r wits
led to believe that the proporty wns boing, used for or In con-
nootion with it violation of tyro statutes and laws of the state of
Florida prohibiting the rrar -Caeture of or traffic in illicit
moonshine whiskery are no follows: Upon observing tho velricle
being driven at such a reckless and excessive rate of speed and
upon observing; that the vehi.clo fnil.od to stop pro:nl,tlg upon
being; chnsod by tho nrrersting officor, he was led to hellove that
it was being used in the violation of laws probibitinj� traffic
In illicit moonshine whiskey, and after stopplull tho vahiole,
his observation of the ty?)o$ of juga in the vehicle which are
commonly known to be used fr-r the trrsnnportation (,f moonshine
whiskey nn :l uporr exarni.natior- (- C t`:o cor:tarite theroof earl Vie
lack of' nny excise tax stamps on an;-io corfl-mriod the belief of
the arrostir:g officor drat t1m vol:lcle was boin,-• utred in the
trnnnportntion �,f illin,it r,roonshine whi91Coy.
11. The names of sill persona, firws and corporations
known to this Board to be intorested 1n the ocised property are
as follows: Edmund 11ol.l.ins ,( (I General Acceptunco Corporation.
>. That attached hereto as ,,x)iib?t 1 hereto is the
Return of tit) Sheriff of Indian River County, 1'loridn, to the
Board of Cour:ty Commissioners of Indian Favor County, Florida.
6. Tho hoard of co rnt:l CoruvissS.ongrs lR n fixed the
approximate vnluo of said Seized property at :s,LP_ A--ao
7. That enld abovo described property is held by the
13onrd of County Coimriissiorgors of Indian Rivor County, Florida,
for forfeituro ponding, its disposal by the Circuit Court of Indian
River County, Florida.
SOARp v? COUNTY (X)HXT3SI011PTM OF
INDIAN VVIR" (XIIWITY, F110RIDA
t iEAV,) 0
Fra rrn
Attost:
Clerk
r
STATE MV FLORIDA
va.
EDMUTID ROhLIt,s and
CLARM CE .i. P13111"R
R );, T 13 R W
Tot The Board of county Conmrissionern of
Indian River County, Florida
In accordance with the provisions of section
562.39(1) Florida Statutes of 1951, as Amended by Chapter
28073, General haws of Floridn, 1953, Return is made
herewith for the seizure of the hereinafter described
vehicle used in the tranaportation of alcoholic bevol-Age
commonly known and referred to as "moonshine whisi:0y", nn
provided for by said Chaptor ?V073, General Laws of
Florida of 1953•
1. The property noized Was a 1950 Catalina
oig)rt cylindar Pontiac, )4otor 11o. w -8T105877, Sorial
No. W-8TI18877.
2.. Tire facts and circumstancos under ih let, the
same was seized are as follows:
on November 1£1, 1953, on State Road 110. 5 South
of vr;trr Beach, in Indian River County, at or riear the
Oslo Road, Deputy Sheriff henry I)eWitt noticed the afore-
mentioned vehicle traveling South or: State Road 5 rut sn exces-
sive tato (X speed est3r:ntod in excess of 90 :,ilea ner hour
and boing driven in a reckless manner. Deputy Sheriff DeWitt
gavo ctrnse to the vehicle find while in hot pursuit proceeded
after the vehicles into St. Lucio County spproxinately three
miles South of tyre south County line of Indian River County
where the vehicle was stopped. Whon tt,,e driver ui time
vehicle opened the door, Deputy Sheriff !)e'ditt noticed a
nwnber of five -gallon dugs of liquid In the car, Which, upon
investigation, proved to be moonshine. Thereupon, an arrest
Exhibit 1
was made for the charge of Possession of Untaxed Liquors and
Reckless Driving, and the aforementioned vehicle was seized
and returned to the custody of the Sheriff of Indian River
County, Florida.
3. The reasons why the seizing officer knew or was
led to believe that the said property was being used for and
in connection with the violation of the statutes and laws
of this state prohibiting the manufacture of and traffic
in illicit moonshine whiskey are as follower Upon observ-
ing the vehicle being driven at such a reckless and excessive
rate of speed and upon observing that the vehicle failed to
stop promptly upon being chased by the arresting officer, he
was led to believe that it was being used in the violation
of laws prohibiting traffic In illicit moonshine wlziakey,
and after stopping the vehicle, his observation of the
types of juga in the vchicl.o which are commonly known to be
used for the transportation of moonshine whiskey and upon j
examination of the contents thereof and the lack of any excise
tax stamps on same coz.firmad the beliof of the arresting
officer tivit the vehicle was being used in the transportation
of illicit moonshine whiskey.
J. The names of all persons, firms or corporations
known to the seizing officer to be irtorented in the seized
property are as follows; Edmund Rollins, the driver, who
clair;s to be owner of tho vehicle; G.A.C., of Miami, Plorida,
who claims to be a Rotnin Title Holder of the vehicle.
linving made the foregoing Return, as required by
law, the seized property is herewith delivered to the Board
of County Commissioners of Indian River County, Plorida.
L. B. 013111 -MM, Sheriff
Indian River County
By IluarY i:. ifottitt
])oputy er