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1 BIRGIT FLADAGER Electronically Filed
Stanislaus County District Attorney 12/1/2020 8:00 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: Nicole Nelson, Deputy
4 Attorney for Petitioner
5 $435 EXEMPT
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF STANISLAUS
10 --------------------000--------------------
D.A. No.F20039
11 THE PEOPLE OF THE ST ATE OF CALIFORNIA, ) NO.: CV-20-004124
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 $11,650.00 )
16 Respondent, )
17 JUAN CARLOS ESQUIVEL, )
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
Petition for Forfeiture of Property (Health and Safety Code, § 11469, et seq.)
l III
2 The Respondent property is described as $11,650.00 United States Currency.
3 N
4 The Respondent property was seized by officers of the Modesto Police Department on
5 June 7, 2020, at 1700 Yosemite Boulevard, Modesto, Stanislaus County, California, and the
6 respondent property is currently located in the custody of the Modesto Police Department,
7 within the jurisdiction of this court.
8 V
9 Petitioner is informed and believes and thereon alleges that on or before June 7, 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 Officer Giesbrecht and Officer Campbell of the Modesto Police Department observed a
16 Mercedes sedan driving eastbound on Yosemite Boulevard without a front license plate. A
17 traffic stop was initiated, and the vehicle pulled over into Kwik Serv gas station located on the
18 corner of Yosemite Boulevard and Empire Avenue. The driver did not have a driver's license
19 and verbally identified himself as Juan Esquivel. Officer Giesbrecht input the name and date of
20 birth provided by Juan Esquivel into the California Department of Motor Vehicles (DMV)
21 databases. Juan Esquivel was escorted out the vehicle and detained in handcuffs. Officer
22 Campbell asked Mr. Esquivel if anything illegal was in the vehicle, and Mr. Esquivel stated 2
23 pounds of marijuana. Officer Campbell stated they were going to search the vehicle, and Mr.
24 Esquivel provided verbal consent as he stated, "go ahead". A consent search of the vehicle led
25 officers to locate a large amount of currency on the floorboard between the driver's seat and
26 center console. Officers located two working iPhones in the center console and a black trash bag
27 on the floorboard of the front passenger seat. Inside the black trash bag were three clear plastic
28 bags filled with a green leafy substance with characteristics consistent with marijuana. About 38
2
Petition for Forfeiture of Property (Health and Safety Code, § 11469, et seq.)
1 small empty black packages labeled "BackpackBoyz" were in the glove box compartment, and a
2 digital scale was found in the driver's side door compartment. The trunk was also searched, and
3 officers located large plastic empty packages that were labeled "Exotics Sour Diesel". "Sour
4 Diesel" is often used to refer to a strain of marijuana. Based on the findings, Officer Giesbrecht
5 read Juan Esquivel his Miranda rights which he stated he understood and waived. Juan Esquivel
6 stated he had a license to cultivate marijuana but was not in possession of it now. Mr. Esquivel
7 stated he grows marijuana at his mother's residence, but he did not provide her address. Mr.
8 Esquivel claimed that the marijuana found was for personal use and he stated he had
9 approximately $11,000.00 U.S. currency. Mr. Esquivel mentioned the vehicle was a rental from
10 the rental company he claimed to work at and that the packages inside were already in the
11 vehicle. Officer Giesbrecht informed Juan Esquivel that he was under arrest for violations of
12 Health and Safety Code section 11360(a) and Vehicle Code section 12500(a).
13 Officer Wallace was unable to interview Juan Esquivel regarding the asset forfeiture as
14 Mr. Esquivel lives in Hayward and his cellphone was booked into evidence. On June 11, 2020,
15 Officer Wallace mailed Mr. Esquivel via certified mail the notice of forfeiture, property receipt,
16 and claim opposing forfeiture forms . On June 25, 2020, Officer Messer and Officer Dodge
17 deposited the fund s into the account at the Modesto Finance Department. The total U.S.
18 currency seized and deposited into the account was $11,650.00.
19 VI
20 Juan Carlos Esquivel is charged by criminal complaint with violation of Health and
21 Safety Code section 11360(a)(2) in Stanislaus County Superior Court Case No. CR-20-009221.
22 This is the underlying criminal case upon which this asset forfeiture action is based.
23 VII
24 The Respondent property is subject to forfeiture pursuant to subdivision (f) of Section
25 11470 of the Health and Safety Code in that Respondent property was furni shed or intended to
26 be furnished by a person in exchange for a controlled substance, and/or was proceeds traceable
27 to an exchange for a controlled substance, and/or was used or intended to be used to facilitate
28 one or more of certain enumerated drug trafficking offenses, all of which are alleged to have
3
Petition for Forfeiture of Property (Health and Safety Code, § 11469, et seq.)
1 occurred within five years of the seizure of the property.
2 WHEREFORE, Petitioner prays:
3 1. For judgment and order declaring respondent property forfeited to the State of
4 California and for disposition pursuant to Health and Safety Code section 11489;
5 2. For costs of suit herein; and
6 3. For such other and further relief as the Court may deem proper.
7 Dated this 'o0*1day of November, 2020, at Modesto, California.
8 Respectfully submitted,
9 BIRGIT FLADAGER
District Attorney
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Brenda A. Cramton
12 Deputy District Attorney
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BC/ilf
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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 12/1/2020 8:00 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: Nicole Nelson, Deputy 4 Attorney for Petitioner 5 $435 EXEMPT 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF STANISLAUS 10 --------------------000-------------------- D.A. No.F20039 11 THE PEOPLE OF THE ST ATE OF CALIFORNIA, ) NO.: CV-20-004124 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 $11,650.00 ) 16 Respondent, ) 17 JUAN CARLOS ESQUIVEL, ) 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 Petition for Forfeiture of Property (Health and Safety Code, § 11469, et seq.) l III 2 The Respondent property is described as $11,650.00 United States Currency. 3 N 4 The Respondent property was seized by officers of the Modesto Police Department on 5 June 7, 2020, at 1700 Yosemite Boulevard, Modesto, Stanislaus County, California, and the 6 respondent property is currently located in the custody of the Modesto Police Department, 7 within the jurisdiction of this court. 8 V 9 Petitioner is informed and believes and thereon alleges that on or before June 7, 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 Officer Giesbrecht and Officer Campbell of the Modesto Police Department observed a 16 Mercedes sedan driving eastbound on Yosemite Boulevard without a front license plate. A 17 traffic stop was initiated, and the vehicle pulled over into Kwik Serv gas station located on the 18 corner of Yosemite Boulevard and Empire Avenue. The driver did not have a driver's license 19 and verbally identified himself as Juan Esquivel. Officer Giesbrecht input the name and date of 20 birth provided by Juan Esquivel into the California Department of Motor Vehicles (DMV) 21 databases. Juan Esquivel was escorted out the vehicle and detained in handcuffs. Officer 22 Campbell asked Mr. Esquivel if anything illegal was in the vehicle, and Mr. Esquivel stated 2 23 pounds of marijuana. Officer Campbell stated they were going to search the vehicle, and Mr. 24 Esquivel provided verbal consent as he stated, "go ahead". A consent search of the vehicle led 25 officers to locate a large amount of currency on the floorboard between the driver's seat and 26 center console. Officers located two working iPhones in the center console and a black trash bag 27 on the floorboard of the front passenger seat. Inside the black trash bag were three clear plastic 28 bags filled with a green leafy substance with characteristics consistent with marijuana. About 38 2 Petition for Forfeiture of Property (Health and Safety Code, § 11469, et seq.) 1 small empty black packages labeled "BackpackBoyz" were in the glove box compartment, and a 2 digital scale was found in the driver's side door compartment. The trunk was also searched, and 3 officers located large plastic empty packages that were labeled "Exotics Sour Diesel". "Sour 4 Diesel" is often used to refer to a strain of marijuana. Based on the findings, Officer Giesbrecht 5 read Juan Esquivel his Miranda rights which he stated he understood and waived. Juan Esquivel 6 stated he had a license to cultivate marijuana but was not in possession of it now. Mr. Esquivel 7 stated he grows marijuana at his mother's residence, but he did not provide her address. Mr. 8 Esquivel claimed that the marijuana found was for personal use and he stated he had 9 approximately $11,000.00 U.S. currency. Mr. Esquivel mentioned the vehicle was a rental from 10 the rental company he claimed to work at and that the packages inside were already in the 11 vehicle. Officer Giesbrecht informed Juan Esquivel that he was under arrest for violations of 12 Health and Safety Code section 11360(a) and Vehicle Code section 12500(a). 13 Officer Wallace was unable to interview Juan Esquivel regarding the asset forfeiture as 14 Mr. Esquivel lives in Hayward and his cellphone was booked into evidence. On June 11, 2020, 15 Officer Wallace mailed Mr. Esquivel via certified mail the notice of forfeiture, property receipt, 16 and claim opposing forfeiture forms . On June 25, 2020, Officer Messer and Officer Dodge 17 deposited the fund s into the account at the Modesto Finance Department. The total U.S. 18 currency seized and deposited into the account was $11,650.00. 19 VI 20 Juan Carlos Esquivel is charged by criminal complaint with violation of Health and 21 Safety Code section 11360(a)(2) in Stanislaus County Superior Court Case No. CR-20-009221. 22 This is the underlying criminal case upon which this asset forfeiture action is based. 23 VII 24 The Respondent property is subject to forfeiture pursuant to subdivision (f) of Section 25 11470 of the Health and Safety Code in that Respondent property was furni shed or intended to 26 be furnished by a person in exchange for a controlled substance, and/or was proceeds traceable 27 to an exchange for a controlled substance, and/or was used or intended to be used to facilitate 28 one or more of certain enumerated drug trafficking offenses, all of which are alleged to have 3 Petition for Forfeiture of Property (Health and Safety Code, § 11469, et seq.) 1 occurred within five years of the seizure of the property. 2 WHEREFORE, Petitioner prays: 3 1. For judgment and order declaring respondent property forfeited to the State of 4 California and for disposition pursuant to Health and Safety Code section 11489; 5 2. For costs of suit herein; and 6 3. For such other and further relief as the Court may deem proper. 7 Dated this 'o0*1day of November, 2020, at Modesto, California. 8 Respectfully submitted, 9 BIRGIT FLADAGER District Attorney 10 11 Brenda A. Cramton 12 Deputy District Attorney 13 BC/ilf 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Petition for Forfeiture of Property (Health and Safety Code, § 11469, et seq.)