Motion,Ex Parte: Commonwealth of Massachusetts vs. Twenty Eight Thousand ($28,000.00) U.S.C.

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COMMONWEALTH OF MASSACHUSETTS                                                                         q{?
SUPERIOR COURT DEPT.
NORFOLK, ss.

2482CV-

COMMONWEALTH OF MASSACHUSETTS,
Plaintiff

Vv

TWENTY EIGHT THOUSAND ($28,000.00) DOLLARS U.S.C.,
Defendant


               EX PARTE MOTION FOR PRELIMINARY ORDER OF CUSTODY


        NOW COMES the Commonwealth, the plaintiff in the above captioned matter, and
requests pursuant G.L. c. 94C, sec. 47(f), that this Court issue a preliminary order of custody
allowing the Randolph Police Department to retain custody of the defendant currency during the
pendency of these proceedings.

As grounds therefore, the Commonwealth states:

1    GL. c. 94C, sec. 47 provides for forfeiture of certain property related to drug distribution.
     Subsection (f) thereof provides that:

     During pendency of proceedings the court may issue at the request of the Commonwealth ex
     parte any preliminary order or process as is necessary to seize or secure the property for
     which forfeiture is sought and to provide for its custody. Process for seizure of said property
     shall issue only upon a showing of probable cause, and the application therefore and the
     issuance, execution, and return thereof shall be subject to the provisions of chapter two
     hundred and seventy-six, so far as is applicable.

     The defendant currency for which the preliminary order of custody is sought is the subject of
     the instant forfeiture action.
The currency is currently in the custody of the Randolph Police Department.

   Based on the affidavit of Randolph Police Officer Trevor Clark, attached hereto and
   incorporated herein, probable cause exists to believe that the currency was used or was
   intended to be used in exchange for or to otherwise facilitate the unlawful distribution of a
   controlled substance in violation of G.L. c. 94C and therefore subject to forfeiture under G.L.
   ©. 94C, §47.

A proposed order is attached hereto.

                                             Respectfully submitted



                                       BY.              Ov
                                             StephefJ- Colman
                                             Assistant District Attorney
                                             45 Shawmut Road
                                             Canton, MA 02021
                                             781-830-4849
                                             BBO#555906

Dated: March 29, 2024
COMMONWEALTH OF MASSACHUSETTS

SUPERIOR COURT DEPT.
NORFOLK, ss.

2482CV-

COMMONWEALTH OF MASSACHUSETTS,
Plaintiff

Vv

TWENTY EIGHT THOUSAND ($28,000.00) DOLLARS U.S.C.,
Defendant


                           PRELIMINARY ORDER OF CUSTODY



       This action came for review before the Court upon the plaintiff's motion for a

preliminary order of custody and upon consideration thereof, it is ordered and adjudged:

        That the Randolph Police Department retain custody of TWENTY EIGHT THOUSAND
($28,000.00) DOLLARS U.S.C. in a safe and reasonable manner during the pendency of these
proceedings.


Dated at Dedham, Massachusetts this               day of                  20.




                              Associate Justice, Superior Court