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1 BIRGIT FLADAGER Electronically Filed
Stanislaus County District Attorney 7/20/2020 11:41 AM
2 832 12th Street, Suite 300 Superior Court of California
Modesto, CA 95354 County of Stanislaus
3 Telephone: (209) 525-5550 Clerk of the Court
By: Joshua Teixeira, Deputy
4 Attorney for Petitioner
$435 EXPEMPT
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF STANISLAUS
10 --------------------000--------------------
D.A. No. F20009
11 THE PEOPLE OF THE ST ATE OF CALIFORNIA, ) NO.: CV-20-002266
12 Petitioner, )
13 vs. ) PETITION FOR FORFEITURE
OF PROPERTY
14 ) (HEALTH AND SAF. CODE,§
UNITED STATES CURRENCY IN THE AMOUNT 11469, ET SEQ.)
15 OF $7,116.00, )
16 Respondent, )
17 VICKY MARIE CAMACHO, )
18 Real Party In Interest. )
19 --------------------000--------------------
20 Petitioner by and through its counsel BIRGIT FLADAGER, District Attorney, hereby
21 alleges:
22 I
23 This is an action for forfeiture of the Respondent property pursuant to the provisions of
24 Health and Safety Code Sections 11470, et seq. brought on behalf of the People of the State of
25 California.
26 II
27 This court has jurisdiction by virtue of Health and Safety Code Section 11488.4(a).
28 Ill
Freeland, John D
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Petition for Forfeiture of Property (Health and Safety Code, § 11469, et seq.)
1 III
2 The Respondent property is described as $7,116.00 United States Currency.
3 IV
4 The Respondent property was seized by officers of the Ceres Police Department on
5 March 18, 2020, at 1450 East Hatch Road, Ceres, Stanislaus County, California, and the
6 respondent property is currently located in the custody of the Ceres Police Department, within
7 the jurisdiction of this court.
8 V
9 Petitioner is informed and believes and thereon alleges that on or before March 18, 2020,
10 the Respondent property was furnished or intended to be furnished by a person in exchange for
11 a controlled substance, was proceeds traceable to an exchange for a controlled substance and/or
12 was used or intended to be used to facilitate one or more of certain enumerated drug trafficking
13 offenses, all of which are alleged to have occurred within five years of the seizure of the
14 property. The facts in support of the above allegations are as follows :
15 On March 18, 2020, while patrolling the shopping district area on Hatch Road, Officer
16 Villalobos canvassed the area for any illegal activity. Officer Villalobos drove eastbound on the
17 1400 block of East Hatch Road when he observed a male subject standing by the driver side
18 door of a parked grey Cadillac. The window of the vehicle was down, and the unknown male
19 subject's right arm was seen inside the open window. Officer Villalobos suspected a hand-to-
20 hand exchange and drove towards the vehicle, causing the male subject to quickly walk away
21 and the vehicle to drive northbound in his direction. Officer Villalobos activated his emergency
22 lights and the vehicle pulled over at 1450 East Hatch Road near the Rainbow store. The driver
23 was identified by his driver's license as Mario Antoine Williams and the front passenger was
24 identified by her driver's license as Vicky Marie Camacho. Mario Williams stated he knows the
25 male subject he previously spoke to but did not know his name. Officer Villalobos smelled a
26 strong odor of burnt marijuana coming from the inside of the vehicle as the window was
27 completely down. Officer Villalobos asked Mr. Williams how much marijuana was inside the
28 vehicle and Mr. Williams showed him the "roaches" inside of a canister that was on top of the
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Petition for Forfeiture of Property (Health and Safety Code, § 11469, et seq.)
1 center console. The term "roaches" is often referred to the tip or the remaining marijuana left
2 from smoking a joint or blunt. Mr. Williams opened the canister and a strong odor of burnt
3 marijuana emitted from it.
4 At this time, Officer Souza arrived to assist Officer Villalobos. Mr. Williams verbally
5 consented to the search of his vehicle. Mr. Williams and Ms. Camacho both exited the vehicle
6 while Officer Villalobos searched it. The front passenger side door compartment had a
7 marijuana cigarette in plain sight. Officer Souza asked Ms. Camacho if she had any illegal
8 contraband in her purse and stated she had an "8 ball" of methamphetamine. An "8 ball" refers
9 to an eighth of an ounce. Ms. Camacho's statement regarding methamphetamine provided
10 probable cause to search the inside of her purse. Inside the purse, was a clear plastic baggy
11 containing a white crystal substance suspected to be methamphetamine and another clear baggy
12 containing two individual bindles of black tar substance suspected to be heroin; there was also a
13 digital scale. About $4,875.00 U.S. currency was found inside the purse including $281.00 U.S.
14 currency found in a wallet belonging to Mr. Williams that was inside the purse. A search of Mr.
15 Williams person revealed $1,960.00 in U.S. currency. Subsequently, Ms. Camacho was placed
16 under arrest and taken to the back seat of the patrol vehicle. Officer Souza spoke to both Mr.
17 Williams and Ms. Camacho during the vehicle search.
18 Officer Carter and Sergeant Ferreira arrived at the scene to assist Officer Villalobos and
19 Officer Souza. Officer Souza asked Ms. Camacho if she would consent to a search of her
20 residence at 1540 Giddings Street in Ceres which was approximately 100 yards from the scene.
21 Ms. Camacho stated both her and Mario Williams were owners of the home and she would only
22 consent to a search if Mr. Williams consented. Mario Williams then consented to a search of the
23 residence. Ms. Camacho stated there was a firearm in the residence and Mr. Williams stated it
24 was a gift from her father after his passing. There was mention of a will and that the firearm was
25 placed in a suitcase either in their bedroom or garage. Sergeant Ferreira and Officer Villalobos
26 explained to both Mr. Williams and Ms. Camacho about the consent to search form and both
27 signed the form.
28 The officers transported Ms. Camacho and Mr. Williams to 1540 Giddings Street and
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Petition for Forfeiture of Property (Health and Safety Code, § 11469, et seq.)
1 searched their residence. At no time during the search did Mr. Williams or Ms. Camacho revoke
2 their consent to the search. Officer Carter located a rifle inside the suitcase that was found on a
3 shelf in the garage. Miranda rights were read to Ms. Camacho which she stated she understood
4 and waived. Ms. Camacho stated she received $8,000.00 U.S. currency for settling a case as a
5 caregiver. Ms. Camacho also mentioned she buys narcotics from random people on Ninth
6 Street. Mr. Williams was read his Miranda rights which he stated he understood; he did not
7 comment on the incident. Officers seized a total of $7,116.00 U.S. currency, narcotics, and a
8 firearm all of which were located inside the purse, Williams' person, vehicle, and residence,
9 respectively.
10 VI
11 Vicky Marie Camacho and Mario Williams are charged by criminal complaints with
12 violations of Health and Safety Code section 11351 and Health and Safety Code section 11378
13 in Stanislaus County Superior Court Case Nos. CR-20-003315 and CR-20-003317, respectively.
14 These are the underlying criminal cases upon which this asset forfeiture action is based.
15 VII
16 The Respondent property is subject to forfeiture pursuant to subdivision (f) of Section
17 11470 of the Health and Safety Code in that Respondent property was furnished or intended to
18 be furnished by a person in exchange for a controlled substance, and/or was proceeds traceable
19 to an exchange for a controlled substance, and/or was used or intended to be used to facilitate
20 one or more of certain enumerated drug trafficking offenses, all of which are alleged to have
21 occurred within five years of the seizure of the property.
22 WHEREFORE, Petitioner prays:
23 1. For judgment and order declaring respondent property forfeited to the State of
24 California and for disposition pursuant to Health and Safety Code section 11489;
25 2. For costs of suit herein; and
26 Ill
27 Ill
28 Ill
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Petition for Forfeiture of Property (Health and Safety Code, § 11469, et seq.)
1 3. For such other and further relief as the Court may deem proper.
2 Dated this 'JVih day of July, 2020, at Modesto, California.
3 Respectfully submitted,
4 BIRGIT FLADAGER
5 - ll-y}
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Brenda A. Cramton
7 Deputy District Attorney
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Petition for Forfeiture of Property (Health and Safety Code, § 11469, et seq.)
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1 BIRGIT FLADAGER Electronically Filed Stanislaus County District Attorney 7/20/2020 11:41 AM 2 832 12th Street, Suite 300 Superior Court of California Modesto, CA 95354 County of Stanislaus 3 Telephone: (209) 525-5550 Clerk of the Court By: Joshua Teixeira, Deputy 4 Attorney for Petitioner $435 EXPEMPT 5 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF STANISLAUS 10 --------------------000-------------------- D.A. No. F20009 11 THE PEOPLE OF THE ST ATE OF CALIFORNIA, ) NO.: CV-20-002266 12 Petitioner, ) 13 vs. ) PETITION FOR FORFEITURE OF PROPERTY 14 ) (HEALTH AND SAF. CODE,§ UNITED STATES CURRENCY IN THE AMOUNT 11469, ET SEQ.) 15 OF $7,116.00, ) 16 Respondent, ) 17 VICKY MARIE CAMACHO, ) 18 Real Party In Interest. ) 19 --------------------000-------------------- 20 Petitioner by and through its counsel BIRGIT FLADAGER, District Attorney, hereby 21 alleges: 22 I 23 This is an action for forfeiture of the Respondent property pursuant to the provisions of 24 Health and Safety Code Sections 11470, et seq. brought on behalf of the People of the State of 25 California. 26 II 27 This court has jurisdiction by virtue of Health and Safety Code Section 11488.4(a). 28 Ill Freeland, John D 23 Petition for Forfeiture of Property (Health and Safety Code, § 11469, et seq.) 1 III 2 The Respondent property is described as $7,116.00 United States Currency. 3 IV 4 The Respondent property was seized by officers of the Ceres Police Department on 5 March 18, 2020, at 1450 East Hatch Road, Ceres, Stanislaus County, California, and the 6 respondent property is currently located in the custody of the Ceres Police Department, within 7 the jurisdiction of this court. 8 V 9 Petitioner is informed and believes and thereon alleges that on or before March 18, 2020, 10 the Respondent property was furnished or intended to be furnished by a person in exchange for 11 a controlled substance, was proceeds traceable to an exchange for a controlled substance and/or 12 was used or intended to be used to facilitate one or more of certain enumerated drug trafficking 13 offenses, all of which are alleged to have occurred within five years of the seizure of the 14 property. The facts in support of the above allegations are as follows : 15 On March 18, 2020, while patrolling the shopping district area on Hatch Road, Officer 16 Villalobos canvassed the area for any illegal activity. Officer Villalobos drove eastbound on the 17 1400 block of East Hatch Road when he observed a male subject standing by the driver side 18 door of a parked grey Cadillac. The window of the vehicle was down, and the unknown male 19 subject's right arm was seen inside the open window. Officer Villalobos suspected a hand-to- 20 hand exchange and drove towards the vehicle, causing the male subject to quickly walk away 21 and the vehicle to drive northbound in his direction. Officer Villalobos activated his emergency 22 lights and the vehicle pulled over at 1450 East Hatch Road near the Rainbow store. The driver 23 was identified by his driver's license as Mario Antoine Williams and the front passenger was 24 identified by her driver's license as Vicky Marie Camacho. Mario Williams stated he knows the 25 male subject he previously spoke to but did not know his name. Officer Villalobos smelled a 26 strong odor of burnt marijuana coming from the inside of the vehicle as the window was 27 completely down. Officer Villalobos asked Mr. Williams how much marijuana was inside the 28 vehicle and Mr. Williams showed him the "roaches" inside of a canister that was on top of the 2 Petition for Forfeiture of Property (Health and Safety Code, § 11469, et seq.) 1 center console. The term "roaches" is often referred to the tip or the remaining marijuana left 2 from smoking a joint or blunt. Mr. Williams opened the canister and a strong odor of burnt 3 marijuana emitted from it. 4 At this time, Officer Souza arrived to assist Officer Villalobos. Mr. Williams verbally 5 consented to the search of his vehicle. Mr. Williams and Ms. Camacho both exited the vehicle 6 while Officer Villalobos searched it. The front passenger side door compartment had a 7 marijuana cigarette in plain sight. Officer Souza asked Ms. Camacho if she had any illegal 8 contraband in her purse and stated she had an "8 ball" of methamphetamine. An "8 ball" refers 9 to an eighth of an ounce. Ms. Camacho's statement regarding methamphetamine provided 10 probable cause to search the inside of her purse. Inside the purse, was a clear plastic baggy 11 containing a white crystal substance suspected to be methamphetamine and another clear baggy 12 containing two individual bindles of black tar substance suspected to be heroin; there was also a 13 digital scale. About $4,875.00 U.S. currency was found inside the purse including $281.00 U.S. 14 currency found in a wallet belonging to Mr. Williams that was inside the purse. A search of Mr. 15 Williams person revealed $1,960.00 in U.S. currency. Subsequently, Ms. Camacho was placed 16 under arrest and taken to the back seat of the patrol vehicle. Officer Souza spoke to both Mr. 17 Williams and Ms. Camacho during the vehicle search. 18 Officer Carter and Sergeant Ferreira arrived at the scene to assist Officer Villalobos and 19 Officer Souza. Officer Souza asked Ms. Camacho if she would consent to a search of her 20 residence at 1540 Giddings Street in Ceres which was approximately 100 yards from the scene. 21 Ms. Camacho stated both her and Mario Williams were owners of the home and she would only 22 consent to a search if Mr. Williams consented. Mario Williams then consented to a search of the 23 residence. Ms. Camacho stated there was a firearm in the residence and Mr. Williams stated it 24 was a gift from her father after his passing. There was mention of a will and that the firearm was 25 placed in a suitcase either in their bedroom or garage. Sergeant Ferreira and Officer Villalobos 26 explained to both Mr. Williams and Ms. Camacho about the consent to search form and both 27 signed the form. 28 The officers transported Ms. Camacho and Mr. Williams to 1540 Giddings Street and 3 Petition for Forfeiture of Property (Health and Safety Code, § 11469, et seq.) 1 searched their residence. At no time during the search did Mr. Williams or Ms. Camacho revoke 2 their consent to the search. Officer Carter located a rifle inside the suitcase that was found on a 3 shelf in the garage. Miranda rights were read to Ms. Camacho which she stated she understood 4 and waived. Ms. Camacho stated she received $8,000.00 U.S. currency for settling a case as a 5 caregiver. Ms. Camacho also mentioned she buys narcotics from random people on Ninth 6 Street. Mr. Williams was read his Miranda rights which he stated he understood; he did not 7 comment on the incident. Officers seized a total of $7,116.00 U.S. currency, narcotics, and a 8 firearm all of which were located inside the purse, Williams' person, vehicle, and residence, 9 respectively. 10 VI 11 Vicky Marie Camacho and Mario Williams are charged by criminal complaints with 12 violations of Health and Safety Code section 11351 and Health and Safety Code section 11378 13 in Stanislaus County Superior Court Case Nos. CR-20-003315 and CR-20-003317, respectively. 14 These are the underlying criminal cases upon which this asset forfeiture action is based. 15 VII 16 The Respondent property is subject to forfeiture pursuant to subdivision (f) of Section 17 11470 of the Health and Safety Code in that Respondent property was furnished or intended to 18 be furnished by a person in exchange for a controlled substance, and/or was proceeds traceable 19 to an exchange for a controlled substance, and/or was used or intended to be used to facilitate 20 one or more of certain enumerated drug trafficking offenses, all of which are alleged to have 21 occurred within five years of the seizure of the property. 22 WHEREFORE, Petitioner prays: 23 1. For judgment and order declaring respondent property forfeited to the State of 24 California and for disposition pursuant to Health and Safety Code section 11489; 25 2. For costs of suit herein; and 26 Ill 27 Ill 28 Ill 4 Petition for Forfeiture of Property (Health and Safety Code, § 11469, et seq.) 1 3. For such other and further relief as the Court may deem proper. 2 Dated this 'JVih day of July, 2020, at Modesto, California. 3 Respectfully submitted, 4 BIRGIT FLADAGER 5 - ll-y} 6 Brenda A. Cramton 7 Deputy District Attorney 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 Petition for Forfeiture of Property (Health and Safety Code, § 11469, et seq.)