IN THE CIRCUIT COURT OF HOT SPRING COUNTY, ARKANSAS CIVIL DIVISION STATE OF ARKANSAS PLAINTIFF : : BY. ne v. No. 30cv-2013-_| Jo 1 NINETEEN THOUSAND EIGHT HUNDRED NINETY-FOUR DOLLARS ($19,894.00) IN AMERICAN CURRENCY AND GUILLERMO GARCIA ESPINOZA 4002 STONEY HILL ROUND ROCK, TX 78681 DEFENDANT AND PRISCILA CERVANTES HERNANDEZ 4002 STONEY HILL ROUND ROCK, TX 78681 DEFENDANT IN REM COMPLAINT Comes now the State of Arkansas, by and through Deputy Prosecuting Attomey Teresa Howell of the Seventh Judicial District, and for its In Rem Complaint states: 1. This is an In Rem Complaint for the forfeiture of Nineteen Thousand Eight Hundred Ninety-Four Dollars ($19,894.00) in American currency under Arkansas Code Annotated Section 5-64-505. 2. The seizure of the currency occurred in Hot Spring County, Arkansas. This Court has jurisdiction over the matter pursuant to Arkansas Code Annotated Section 5-64-505. 3. The subject matter of this action is the currency obtained in the following manner: On or about July 17, 2013 the currency was seized by the Arkansas State Police after the traffic stop “NOTA ‘30CV-13-170—_301-01000001251-020 STATE OF ARKANSAS \ GUILLERN 5 Pages HOT SPRING GO 09/12/2013 02:42 PH CIRCUIT COURT C005of the defendants. The defendants were in possession of the bundled currency that was found in a false compartment of a computer bag. The drug dog was given the opportunity to sniff the car, other various contents from the building where the vehicle was parked, and the computer bag ‘where the currency was found. The computer bag was the only item on which the dog alerted. 4, The currency is now in the custody of the Hot Spring County Prosecutor's Office. 5. The currency was being used for drug trafficking, to further the manufacture of a controlled substance or was used to facilitate the violation of Arkansas Code Annotated Section 5-64-436. 6. Onor about July 17, 2013 the currency was scized by Sgt. Dennis Overton of the Arkansas State Police. 7. Onoor about July 17, 2013 the defendants, Guillermo Garcia Espinoza and Priscila Cervantes Hernandez, received notice of the confiscation of the currency after being served with such notice by Sgt. Dennis Overton of the Arkansas State Police. A copy of the notice is attached hereto and marked Exhibit One. Attached as Exhibit Two is the Voluntary Disclaimer of Interest and Ownership signed by Defendants Guillermo Garcia Espinoza and Priscila Cervantes Hernandez. 8, Anattempt will be made to serve a copy of this In Rem Complaint on Guillermo Garcia Espinoza and Priscila Cervantes Hernandez at their last known addresses. 9. The currency should be forfeited to the State of Arkansas. 10. The State Drug Director's Office has assigned the following tracking number to the case: 0809-13-7-1. WHEREFORE PREMISES CONSIDERED, Plaintiff prays that the Court adjudge the ‘Nineteen Thousand Eight Hundred Ninety-Four Dollars ($19,894.00) in American currencydescribed herein, condemned and forfeited to the State of Arkansas, that the Court order said property disposed of as provided by law, and for any and all other relief to which it may be titled. Respectfully submitted, STATE OF ARKANSAS Face bet cry ‘TERESA HOWELL #98199 Deputy Prosecuting Attorney 215 East Highland Malvern, Arkansas 72104 (501) 337-1468 Subscribed and swom to before me on this the _(() day of 2013. Notary Public My Commission expires:wi Nit Yoga ~~ US-O13S Ze, ARKANSAS STATE POLICE te 07 (Rev. 07/04) Seizure/Forfeiture Form ey eee Seizing Law Enforcement Tole Time And Date Of Seizure LeP ‘Time: Oam Bhpm Seizing Officer: Date: fier Name And Address Of Person(s) From Whom Property Was Seize: County of Seizure : ozo S12 - YER ~$0 pr SOE epi in inven Mrnanetee. 4002 Stas Hilf Reason Or Basis For Seizure: (check all applicable) ée Ee D1 Vebiele (or other conveyance) used or intended for use to transport ames eee" TK 786E/ a Money furnished or intended to be furnished in exchange for controlled substance or counterfeit.sya¢ 59-8°3/7 controlled substance or profits and proceeds traceable to such exchange, C1 Firearms found in close proximity to control substances or counterfeit controlled substances. If the Girearms are not in close proximity to controlled substances, please explain. (1 Other Property scized and basis for seizure: Description Tavs Value Of Property Seized: (must contain serial and model numbers, if applicable) Cook. G, Property Sized Wil] Be Held As The Folowing Unpupmaer bad Spring Cdl. Drascceens ‘The undersigned ofr slates that he/she ie the “nsing oer grat this egos ip rue ana comple (Seizing Officer) 7 _ inh ley The undersigned hereby states that he/she is the person(s) from whom the above property was seized and that his/her correct mailing address is given below, (Signature) Follereh (Address) In the event that a party refuses to sign, the following I: ‘The undersigned additional law enforcement officer hereby states that the party from whom the PropertypE ‘seized refused to sign this report, and I hereby place my signature attesting to such refusal: (Secondary Officer) TFT RTE ‘The undersigned officer hereby certifies that he has sent a copy of this report to the Prosecuting Attorney, and ee se eS and further certifies that he has gent a copy gf the fopemning Seport fo the Avkanes brug irecloton tite day of pe eS, (Seizing Officer} The suting Attorney's Office acknowledges receipt of a copy of the foregoing on this day of ZO (must be signed by the Prosecuting Attorney or a deputy Prosecuting Attorney.) (Signature)ARKANSAS STATE POLICE VOLUNTARY DISCLAIMER OF INTEREST AND OWNERSHIP To whom it may concern: :. 7 inter Priscila lervente that 1, ba/lermo haven by inoze hereby disclaim Mande z- any and ail interest I may have in seized in dat Sei County. I further waive the right to plead or answer in arfy forfeiture action concerning the above referenced property seized from me on this_I7 day of : 2043). I herein waive and disclaim any and all inteSéste in the proBérty sought to be forfeited, and agree that this cause may be tried and judgment entered without further notice to me. The undersigned hereby declares that he/she has completely read or haghad the above explained to him/her and fully ily accepts the terms contained herein. C7 WITYESS hist Too