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Case Number: CACE-19-022589 Division: 04
Filing # 98173156 E-Filed 10/31/2019 12:03:12 PM
IN THE CIRCUIT COURT OF THE
17" JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
CASENO.:CACE (_ )
IN RE: FORFEITURE OF
$17,820.00 IN UNITED STATES CURRENCY
: /
VERIFIED PETITION FOR PROBABLE. CAUSE AND FOR FINAL ORDER OF
FORFEITURE
THE CITY OF HOLLYWOOD, FLORIDA, by and through the undersigned
counsel, files this Petition for Probable Cause and Final Order of Forfeiture, and states as
follows:
1. This is an action for forfeiture pursuant to Sections 932.701-7062, Florida Statutes
(2016) and jurisdiction is in this Court pursuant to Section 932.704 (2016).
2. The City of Hollywood Police Department is a “law enforcement agency” within the
meaning of Section 932.704, Florida Statutes (2016).
3. A description of the property that is subject of this action is as follows:
$17,820.00 in U.S. CURRENCY (hereinafter, “THE CURRENCY”)
4. That THE CURRENCY, was, on or about October 3, 2019 used or intended to be
used in violation of Section 932.702, Florida Statutes (2016), or a violation of said
section took place in, upon or by means of said property, or said property is a
“contraband article” as defined by Section 932.701 (2)(a), Florida Statutes (2016).
_ 5. That on October 3, 2019, the CITY OF HOLLYWOOD POLICE DEPARTMENT
discovered and seized THE CURRENCY at or near 2810 Stirling Road, Hollywood,
Florida, under the following circumstances:
Page 1 of 7
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/31/2019 12:03:10 PM.*#**During the months of August and September 2019, Detective Sergio Lopez, from
the Hollywood Police Department Vice, Intelligence and Narcotics Unit, received
information from a confidential source (“CS”), regarding an individual from key west
who was interested in purchasing a half kilogram to one kilogram of cocaine. The
individual, who was later identified as Andrew Hernandez, from intelligence gathered
during the investigation wanted to deal with a new source of supply for his cocaine
distribution in key west. The CS provided a full description of the target, including a
vehicle identification and cellphone number. Prior to the start of the undercover
operation, the target was identified. A picture of the target was shown to the CS,
which he/she identified.
During the undercover operation the CS, under the direction and control of
Detective Lopez, was instructed to arrange a meeting or deal between he and the
target Hernandez. Detective Lopez would be operating in an undercover capacity as a
Cuban cocaine drug trafficker from South Florida. Detective Lopez advised the CS to
provide a price to the target for the kilogram of cocaine for $31,000 dollars and
$16,000 for the half kilogram of cocaine.
The CS was able to arrange a meeting/deal between Detective Lopez and the
target Hernandez for October 3, 2019 in the City of Hollywood. The target agreed to
meet with Detective Lopez and the CS, but only wanted to purchase a half kilogram
of cocaine for $16,000 dollars to start. The CS and Detective Lopez agreed to meet
target Hernandez and arrange the sale and delivery of a half kilogram of cocaine on
October 3, 2019.
Page 2 of 7Prior to the meeting, Detective Lopez removed 641.3 grams of cocaine from the
Hollywood Police Department Property Unit. The cocaine was field tested positive by
Detective Lopez. The cocaine was placed inside his unmarked undercover vehicle for
the purpose of this operation only. The cocaine or any part of it was not to be
removed out of the unmarked undercover vehicle during the operation.
On Thursday October 3, 2019, the V.I.N unit and members of the $.W.A.T team
attended a briefing at the City of Hollywood Police Department, After the briefing,
members were deployed to the area of Las Vegas Restaurant (2810 Stirling Rd.) to
occupy surveillance/security positions. Detective Lopez was equipped with a
transmitter/video and audio recording device. Sgt. Dabreau was monitoring the
meeting from a surveillance location. All detectives were wearing their department
issued marked tactical vest, badge, firearm and relevant equipment. At Detective
Lopez’ direction and control, the CS guided target Hernandez to the meeting location
to discuss the impending cocaine transaction inside the restaurant. Detective Lopez
kept the cocaine concealed inside the undercover vehicle, unbeknownst to target
Hernandez, or the CS, at all times.
A short time later Detective Lopez was notified by the CS that the target was in
the area of east Hollywood. Detective Lopez met with the CS, and under his
direction, the CS met with target Hernandez prior to the meeting. The CS was
equipped with video and audio recording device. Detectives Kastner and Alban
conducted surveillance during the meeting with the CS and target Hernandez. At or
about 1800 hours, Detective Lopez arrived at the restaurant. At or about 1809 hours,
the CS and target Hernandez, were observed to arrive at the above restaurant location.
Page 3 of 7During the meeting Detective Lopez established that the target had the U.S.
currency to purchase the cocaine and discussed/negotiated future transactions. Once
the face to face meeting was completed and the circumstances of the meeting were
deemed safe by Detective Lopez, he instructed target Hernandez to exit the restaurant
to conduct the transaction. At or about 1900 hours, target Hernandez, the CS and
Detective Lopez exited the restaurant. Detective Lopez asked target Hernandez to
enter his undercover vehicle, which he agreed to. He requested to see the money prior
to the transaction. Once he confirmed that target Hernandez had the money, he
handed target Hernandez 641.3 grams of cocaine. Target Hernandez handed him the
US. currency he had in his possession. Target Hernandez began inspecting the
cocaine.
Detective Lopez gave the predetermined take down signal that the transaction was
completed, Hernandez was detained and arrested by members of the Hollywood
S.W.A.T team without any incident and transported to Hollywood Police Department.
The cocaine was, once again, field tested positive and weighted. The U.S. currency
totaling ($15,500) for the purchase of the cocaine was placed in evidence for
forfeiture proceedings. It should be noted that the deal was for $16,000 dollars. Once
at the Hollywood Police Department, $2,320 dollars in U.S. currency was located on
Hernandez’ person by Detective Kastner, which, based upon the investigation, is
believed to be the proceeds of illegal drug sales.
The Petitioner, CITY OF HOLLYWOOD, has conducted a reasonably diligent
search for all persons who may have an interest in THE CURRENCY: Andrew
Hernandez.
Page 4 of 77. Pursuant to the filing of this Petition, diligent efforts were undertaken by the CITY
OF HOLLYWOOD to notify Andrew Hernandez that the subject property was seized
for forfeiture by the City of Hollywood Police Department and he had fifteen (15)
days from the date of such notice, to request a preliminary adversarial hearing. Such
notice was within the statutorily required time frame. Such notice was sent via
certified mail, return receipt requested to Andrew Hernandez at the North Broward
Jail, 1550 N.W. 30" Avenue, Pompano Beach, Florida 33069, and at 11 EB 11"
Avenue, Key West, Florida 33040. The Petitioner will present proof of notice at the
preliminary adversarial hearing, if one is requested.
WHEREFORE, the CITY OF HOLLYWOOD prays for this Court to issue its Order of
Probable Cause requiring the person listed in paragraph 6 above and any other persons
who may claim an interest to show cause why the property described in paragraph 3 of
this Petition should not be forfeited to the use of, or be sold by the CITY OF
HOLLYWOOD and later hearing upon said Order of Probable Cause, to enter a Final
Order of Forfeiture perfecting the CITY OF HOLLYWOOD’: right, title and interest to
the said property for the use of, or to be sold by the CITY OF HOLLYWOOD. If no
claimant comes forth to claim an interest in THE CURRENCY after notice is made
pursuant to statute, the CITY OF HOLLYWOOD prays for this Court, after receiving
evidence regarding this Petition, enter a Final Order of Forfeiture perfecting the City’s
right, title and interest in and title to the said property for the use of, or to be sold by the
CITY OF HOLLYWOOD.
Page 5 of 7Respectfully submitted this 31% day of October, 2019,
Page 6 of 7
DOUGLAS R. GONZALES,
CITY ATTORNEY
Hollywood Police Department
3250 Hollywood Boulevard
Hollywood, FL 33021-6967
Telephone: (954) 967-4490
Facsimile: (954) 967-4493
vmaio ollywoodfl.o:
By: /s/ Vanessa Maiorana
Vanessa Maiorana
Public Safety Legal Advisor
Fla, Bar No. 10593AFFIDAVIT OF VERIFICATION
BEFORE ME, the undersigned authority, on this 2\"_ day of _Mesduen 2019,
personally appeared Detective Sergio Lopez, who, after being first duly sworn and
cautioned, under oath, deposes and says:
1. Lama police officer for the City of Hollywood.
2. have personal knowledge of the facts contained in the foregoing Petition.
3. Ihave read the facts and the statements in the foregoing Petition and they are
true and correct.
SUBSCRIBED AND SWORN BEFORE ME THIS 2\" DAY OF exdjea. > 2019,
BY 0 & , WHO IS PERSONALLY KNOWN TO ME AND DID
TAKE AN OATH.
Expires January 6, 2020
cond Ti Tyan rns 0286709
‘ Page 7 of 7
Preview
Case Number: CACE-19-022589 Division: 04 Filing # 98173156 E-Filed 10/31/2019 12:03:12 PM IN THE CIRCUIT COURT OF THE 17" JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASENO.:CACE (_ ) IN RE: FORFEITURE OF $17,820.00 IN UNITED STATES CURRENCY : / VERIFIED PETITION FOR PROBABLE. CAUSE AND FOR FINAL ORDER OF FORFEITURE THE CITY OF HOLLYWOOD, FLORIDA, by and through the undersigned counsel, files this Petition for Probable Cause and Final Order of Forfeiture, and states as follows: 1. This is an action for forfeiture pursuant to Sections 932.701-7062, Florida Statutes (2016) and jurisdiction is in this Court pursuant to Section 932.704 (2016). 2. The City of Hollywood Police Department is a “law enforcement agency” within the meaning of Section 932.704, Florida Statutes (2016). 3. A description of the property that is subject of this action is as follows: $17,820.00 in U.S. CURRENCY (hereinafter, “THE CURRENCY”) 4. That THE CURRENCY, was, on or about October 3, 2019 used or intended to be used in violation of Section 932.702, Florida Statutes (2016), or a violation of said section took place in, upon or by means of said property, or said property is a “contraband article” as defined by Section 932.701 (2)(a), Florida Statutes (2016). _ 5. That on October 3, 2019, the CITY OF HOLLYWOOD POLICE DEPARTMENT discovered and seized THE CURRENCY at or near 2810 Stirling Road, Hollywood, Florida, under the following circumstances: Page 1 of 7 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/31/2019 12:03:10 PM.*#**During the months of August and September 2019, Detective Sergio Lopez, from the Hollywood Police Department Vice, Intelligence and Narcotics Unit, received information from a confidential source (“CS”), regarding an individual from key west who was interested in purchasing a half kilogram to one kilogram of cocaine. The individual, who was later identified as Andrew Hernandez, from intelligence gathered during the investigation wanted to deal with a new source of supply for his cocaine distribution in key west. The CS provided a full description of the target, including a vehicle identification and cellphone number. Prior to the start of the undercover operation, the target was identified. A picture of the target was shown to the CS, which he/she identified. During the undercover operation the CS, under the direction and control of Detective Lopez, was instructed to arrange a meeting or deal between he and the target Hernandez. Detective Lopez would be operating in an undercover capacity as a Cuban cocaine drug trafficker from South Florida. Detective Lopez advised the CS to provide a price to the target for the kilogram of cocaine for $31,000 dollars and $16,000 for the half kilogram of cocaine. The CS was able to arrange a meeting/deal between Detective Lopez and the target Hernandez for October 3, 2019 in the City of Hollywood. The target agreed to meet with Detective Lopez and the CS, but only wanted to purchase a half kilogram of cocaine for $16,000 dollars to start. The CS and Detective Lopez agreed to meet target Hernandez and arrange the sale and delivery of a half kilogram of cocaine on October 3, 2019. Page 2 of 7Prior to the meeting, Detective Lopez removed 641.3 grams of cocaine from the Hollywood Police Department Property Unit. The cocaine was field tested positive by Detective Lopez. The cocaine was placed inside his unmarked undercover vehicle for the purpose of this operation only. The cocaine or any part of it was not to be removed out of the unmarked undercover vehicle during the operation. On Thursday October 3, 2019, the V.I.N unit and members of the $.W.A.T team attended a briefing at the City of Hollywood Police Department, After the briefing, members were deployed to the area of Las Vegas Restaurant (2810 Stirling Rd.) to occupy surveillance/security positions. Detective Lopez was equipped with a transmitter/video and audio recording device. Sgt. Dabreau was monitoring the meeting from a surveillance location. All detectives were wearing their department issued marked tactical vest, badge, firearm and relevant equipment. At Detective Lopez’ direction and control, the CS guided target Hernandez to the meeting location to discuss the impending cocaine transaction inside the restaurant. Detective Lopez kept the cocaine concealed inside the undercover vehicle, unbeknownst to target Hernandez, or the CS, at all times. A short time later Detective Lopez was notified by the CS that the target was in the area of east Hollywood. Detective Lopez met with the CS, and under his direction, the CS met with target Hernandez prior to the meeting. The CS was equipped with video and audio recording device. Detectives Kastner and Alban conducted surveillance during the meeting with the CS and target Hernandez. At or about 1800 hours, Detective Lopez arrived at the restaurant. At or about 1809 hours, the CS and target Hernandez, were observed to arrive at the above restaurant location. Page 3 of 7During the meeting Detective Lopez established that the target had the U.S. currency to purchase the cocaine and discussed/negotiated future transactions. Once the face to face meeting was completed and the circumstances of the meeting were deemed safe by Detective Lopez, he instructed target Hernandez to exit the restaurant to conduct the transaction. At or about 1900 hours, target Hernandez, the CS and Detective Lopez exited the restaurant. Detective Lopez asked target Hernandez to enter his undercover vehicle, which he agreed to. He requested to see the money prior to the transaction. Once he confirmed that target Hernandez had the money, he handed target Hernandez 641.3 grams of cocaine. Target Hernandez handed him the US. currency he had in his possession. Target Hernandez began inspecting the cocaine. Detective Lopez gave the predetermined take down signal that the transaction was completed, Hernandez was detained and arrested by members of the Hollywood S.W.A.T team without any incident and transported to Hollywood Police Department. The cocaine was, once again, field tested positive and weighted. The U.S. currency totaling ($15,500) for the purchase of the cocaine was placed in evidence for forfeiture proceedings. It should be noted that the deal was for $16,000 dollars. Once at the Hollywood Police Department, $2,320 dollars in U.S. currency was located on Hernandez’ person by Detective Kastner, which, based upon the investigation, is believed to be the proceeds of illegal drug sales. The Petitioner, CITY OF HOLLYWOOD, has conducted a reasonably diligent search for all persons who may have an interest in THE CURRENCY: Andrew Hernandez. Page 4 of 77. Pursuant to the filing of this Petition, diligent efforts were undertaken by the CITY OF HOLLYWOOD to notify Andrew Hernandez that the subject property was seized for forfeiture by the City of Hollywood Police Department and he had fifteen (15) days from the date of such notice, to request a preliminary adversarial hearing. Such notice was within the statutorily required time frame. Such notice was sent via certified mail, return receipt requested to Andrew Hernandez at the North Broward Jail, 1550 N.W. 30" Avenue, Pompano Beach, Florida 33069, and at 11 EB 11" Avenue, Key West, Florida 33040. The Petitioner will present proof of notice at the preliminary adversarial hearing, if one is requested. WHEREFORE, the CITY OF HOLLYWOOD prays for this Court to issue its Order of Probable Cause requiring the person listed in paragraph 6 above and any other persons who may claim an interest to show cause why the property described in paragraph 3 of this Petition should not be forfeited to the use of, or be sold by the CITY OF HOLLYWOOD and later hearing upon said Order of Probable Cause, to enter a Final Order of Forfeiture perfecting the CITY OF HOLLYWOOD’: right, title and interest to the said property for the use of, or to be sold by the CITY OF HOLLYWOOD. If no claimant comes forth to claim an interest in THE CURRENCY after notice is made pursuant to statute, the CITY OF HOLLYWOOD prays for this Court, after receiving evidence regarding this Petition, enter a Final Order of Forfeiture perfecting the City’s right, title and interest in and title to the said property for the use of, or to be sold by the CITY OF HOLLYWOOD. Page 5 of 7Respectfully submitted this 31% day of October, 2019, Page 6 of 7 DOUGLAS R. GONZALES, CITY ATTORNEY Hollywood Police Department 3250 Hollywood Boulevard Hollywood, FL 33021-6967 Telephone: (954) 967-4490 Facsimile: (954) 967-4493 vmaio ollywoodfl.o: By: /s/ Vanessa Maiorana Vanessa Maiorana Public Safety Legal Advisor Fla, Bar No. 10593AFFIDAVIT OF VERIFICATION BEFORE ME, the undersigned authority, on this 2\"_ day of _Mesduen 2019, personally appeared Detective Sergio Lopez, who, after being first duly sworn and cautioned, under oath, deposes and says: 1. Lama police officer for the City of Hollywood. 2. have personal knowledge of the facts contained in the foregoing Petition. 3. Ihave read the facts and the statements in the foregoing Petition and they are true and correct. SUBSCRIBED AND SWORN BEFORE ME THIS 2\" DAY OF exdjea. > 2019, BY 0 & , WHO IS PERSONALLY KNOWN TO ME AND DID TAKE AN OATH. Expires January 6, 2020 cond Ti Tyan rns 0286709 ‘ Page 7 of 7