Newspaper Page Text
www.championnewspaper.com
The Champion Legal Sec
ion, Thursday, July 3, 2014
Page 5C
cifically in the area of I-85 north,
South of Chamblee Tucker Road, Of
ficer Taylor observed a gray Honda
Accord traveling in the center lane
faster than all the other traffic. Of
ficer Taylor, who was in a marked Po
lice vehicle, got behind the Honda
and began to pace it. He paced the
Honda at 70 miles an hour in a pos
ted 55 mile per hour speed zone.
Due to this infraction, the Officer ac
tivated his lights to conduct a traffic
stop for Speeding. Upon the vehicle
maneuvering to the shoulder of the
road, the Officer observed the back
seat passenger moving from the far
right to the far left. His movement,
which lasted for approximately 40
seconds, was so aggressive that it
was causing the vehicle to rock from
side to side.
Due to this suspicious behavior, Of
ficer Huckabey arrived at the loca
tion to assist with the traffic stop.
Upon approaching the vehicle, Of
ficer Taylor requested the drivers’ li
cense, at which time the driver gave
the Officer his license and requested
to know why he was being pulled
over. He was advised of his infrac
tion, which he responded, "Yeah, I
was going a little too fast." While Of
ficer Huckabey was talking with the
back seat passenger, Officer Taylor
shined his flash light into the back
seat, at which time he observed, in
plain view, a square duct taped pack
age on the floor between the back
seat passenger's feet. Due to the Of
ficers training and experience, they
had suspicion to believe the package
was a "kilo" of Cocaine. The Officers
requested for the occupants to step
out of the vehicle, at which time Of
ficer Taylor retrieved the package
and asked the driver, who was identi
fied as Felipe Sanchez-Villa, if it be
longed to him, at which he respon
ded "No, I don't know what that is."
Officer Taylor then showed the pack
age to the passenger, who was iden
tified as Adolfo Valdovinos-Larios
and asked if it was his, to which he
shook his head no.
Upon inspecting the item, it was clear
that it was in deed a kilo of Cocaine
and upon opening the package it was
confirmed that it was Cocaine. The
occupants were then taken into cus
tody. Upon conducting an inventory
search of the vehicle, to prepare it for
towing, the Officers located two hid
den compartments in the back seat
which contained 8 additional kilo
gram packages of Cocaine.
They seized an undetermined
amount of USC, which was located in
both Sanchez-Villa and Valdovinos-
Larios wallets, which were located in
the vehicle.
++Sanchez-Villa and Valdovinos-
Larios++ were arrested and trans
ported to DeKalb County Jail. The
U.S. currency was transported to
BB&T Bank where it was counted by
an employee and determined to be
$4,073.00. The currency was then
deposited in an account at the bank.
Sanchez-Villa and Valdovinos-Larios
were charged with Violation of the
Georgia Controlled Substances Act.
The cocaine is subject to forfeiture
pursuant to O.C.G.A. § 16-13-
49(d)(1). The currency is subject to
forfeiture pursuant to O.C.G.A. § 16-
13-49(d)(2). The vehicle is subject to
forfeiture pursuant to O.C.G.A. § 16-
1349(d)(2), (d)(3) and (d)(6). The
weapon is subject to forfeiture pursu
ant to O.C.G.A. §16-1349(d)(4).
Pursuant to O.C.G.A. § 16-13-
49(n)(3), any claim to the seized
property must be sent within thirty
days to the seizing law enforcement
agency AND to Deputy Chief Assist
ant District Attorney, Kenneth
Hutcherson, by certified mail, return
receipt requested.
Robert D. James
(Ga. Bar No. 389148)
District Attorney
Stone Mountain Judicial Circuit
By: Kenneth Hutcherson
Georgia Bar No. 380263
Deputy Chief Assistant
District Attorney
Stone Mountain Judicial Circuit
556 N. McDonough Street, Suite 700
Decatur, Georgia 30030-3355
Email:
klhutcherson@dekalbcountyga.gov
Main Office: (404) 371-2561
Fax: (404) 371-2981
050-359585 6/19,6/26,7/3JH
In re: APPROXIMATELY 5,549.6
GRAMS OF COCAINE; etal.
NOTICE OF SEIZURE
OF PERSONAL
PROPERTY VALUED AT
$25,000.00 OR LESS
TO: ALL PERSONS CLAIMING AN
INTEREST IN PROPERTY DE
SCRIBED BELOW
Pursuant to O.C.G.A. § 16-13-49(n),
you are hereby notified that on April
10, 2014, the property described be
low was seized at I-285 South and
Memorial Drive, DeKalb County,
Georgia by Detective M.B. Campbell
of the DeKalb County Police Depart
ment:
a. Approximately 5,549.6 grams of
cocaine; and
b. Seven thousand one hundred dol
lars ($7,100.00) in U.S. Currency.
Conduct giving rise to said seizure
was as follows:
Said property:
a. was directly or indirectly used or in
tended for use to facilitate a violation
of the Georgia Controlled Sub
stances Act, O.C.G.A. § 16-13-30,
more specifically, the possession,
distribution, sale, or delivery of co
caine.
b. was found in close proximity to
said cocaine; or
c. represents proceeds derived or
realized from said violation(s) of the
Georgia Controlled Substances Act.
More specifically, on April 10, 2014,
Officer Taylor was patrolling unincor
porated DeKalb County, specifically
in the area of I-285 East near
Chamblee Tucker Rd., when He ob
served a dark gray taxi, traveling in
the far left lane. The taxi was travel
ing faster than all the other traffic.
The taxi began driving aggressively,
moving back and forth in the two left
lanes passing traffic and tailgating
the vehicles in front of it. The Officer
moved in behind the taxi just north of
the North Lake Parkway overpass
and began to pace it just south of
North Lake Parkway to the Highway
78 exit, at which time he observed
the taxi was traveling 75 miles an
hour in a posted 55 mile an hour
speed zone. Officer Taylor conduc
ted a traffic stop on I-285 south at the
exit ramp to Memorial Drive.
Officer Taylor walked up to the open
driver's window and asked the driver,
who was identified as Dennis Mesa
Monsalve, for his license and taxi
permit. He gave the Officer his li
cense but advised his taxi permit was
expired. Officer Taylor observed
there to be a front seat passenger,
Michael Veasey, and a right rear seat
passenger Gregory Morris. Upon run
ning Monsalve license on GCIC, it
showed him to be wanted out of
Gwinnett County.
Monsalve was taken into custody and
upon Officer Taylor opening the trunk
of the taxi, to conduct an inventory
search; Monsalve immediately ad
vised Taylor that the bag in the trunk
belonged to the rear seat passenger,
Gregory Morris. Upon looking into the
trunk, Taylor located a black back
pack. When asked, all occupants
denied ownership of the black back
pack. Upon opening the back pack
He located five shrink wrapped kilo
gram sized packages of Cocaine
(5,549.6 grams). At this time, the two
passengers were handcuffed. I asked
all three occupants if the back pack
was theirs, at which time all three
said "No,” and the driver stated, "He
put a bag in the trunk when I picked
him up," indicating Morris. Morris
began sweating profusely and he
began complaining that he was dizzy
and needed to sit down. Taylor sat
Morris down on the side of the road.
Morris then began complaining of
shortness of breath and lay down on
his back. He was asked if he needed
an ambulance, he said "No, I just
need to lie down for a minute." Mor
ris then stomped his feet on the
ground and yelled at the driver "Why
the Fuck were you speeding!" The
driver responded, "You know that is
yours, tell him that you put that in
there." Morris did not respond.
Morris was arrested and taken to
DeKalb County Jail for Trafficking Co
caine.
Upon Narcotics Detective Campbell
responding to the traffic stop, He con
ducted an investigation which yiel
ded the evidence that Monsalve had
driven his taxi to pick up Morris from
his residence at 2133 Whites Mill
Rd., Decatur, and Monsalve advised
that Morris had exited the residence
with the black back pack and reques
ted for Monslave to open the trunk at
which time he placed the back pack
in the trunk. Due to this information,
on April 11, 2014, He went to Morris’
residence at 2133 Whites Mill Rd.
Decatur, to conduct a knock and talk,
at which time Campbell made con
tact with Morris’ wife, letta Mathis
who advised that she did reside at
the location. She was informed of
Morris’ charges and was asked if
there were any illegal narcotics or
large sums of USC inside the resid
ence, at which time she advised she
had no knowledge of each. She then
gave a verbal and written consent to
search of the location. Upon conduct
ing a search of the location, they loc
ated an undetermined amount of
USC, which was located in the mas
ter bedroom dresser drawer. Upon in
quiring about the ownership of the
USC, Mrs. Mathis advised that it did
not belong to her and signed a Dis
claimer of Ownership Form.
The U.S. currency was transported to
BB&T Bank where it was counted by
an employee and determined to be
$7,100.00. The currency was then
deposited in an account at the bank.
++Morris and Mathis++ were
charged with Violation of the Georgia
Controlled Substances Act. The co
caine is subject to forfeiture pursuant
to O.C.G.A. § 16-1349(d)(1). The
currency is subject to forfeiture pursu
ant to O.C.G.A. § 16-1349(d)(2).
Pursuant to O.C.G.A. § 16-13-
49(n)(3), any claim to the seized
property must be sent within thirty
days to the seizing law enforcement
agency AND to Deputy Chief Assist
ant District
Attorney, Kenneth Hutcherson, by
certified mail, return receipt reques
ted.
Robert D. James
(Ga. Bar No. 389148)
District Attorney
Stone Mountain Judicial Circuit
By: Kenneth Hutcherson
Georgia Bar No. 380263
Deputy Chief Assistant
District Attorney
Stone Mountain Judicial Circuit
556 N. McDonough Street, Suite 700
Decatur, Georgia 30030-3355
Email:
klhutcherson@dekalbcountyga.gov
Main Office: (404) 371-2561
Fax: (404) 371-2981
050-359586 6/19,6/26,7/3JH
In re: APPROXIMATELY 13 GRAMS
OF METHAMPHETAMINE; et al.
NOTICE OF SEIZURE
OF PERSONAL
PROPERTY VALUED AT
$25,000.00 OR LESS
TO: ALL PERSONS CLAIMING AN
INTEREST IN PROPERTY DE
SCRIBED BELOW
Pursuant to O.C.G.A. § 16-13-49(n),
you are hereby notified that on April
18, 2014, the property described be
low was seized at I-285 Northbound
near Memorial Drive, DeKalb County,
Georgia by Detective E.J. Bess of the
DeKalb County Police Department:
a. Approximately 13 grams of
methamphetamine; and
b. Eight hundred sixty five dollars
($865.00) in U.S. Currency.
Conduct giving rise to said seizure
was as follows:
Said property:
a. was directly or indirectly used or in
tended for use to facilitate a violation
of the Georgia Controlled Sub
stances Act, O.C.G.A. § 16-13-30,
more specifically, the possession,
distribution, sale, or delivery of
methamphetamine.
b. was found in close proximity to
said methamphetamine; or
c. represents proceeds derived or
realized from said violation(s) of the
Georgia Controlled Substances Act.
More specifically, on April 18, 2014,
Officer Curtis, while conducting
speed enforcement on I-285 north
bound near Memorial Drive, ob
served a vehicle approaching in lane
#1 at a high rate of speed. She
placed her laser on the vehicle, and
received a reading of 81 mph in a
marked 55 mph zone at a distance of
444.0 feet with approximately 1300
feet of visibility. A traffic stop was
conducted on the vehicle for this in
fraction at which time the Officer
made contact with the driver and sole
occupant, ++Monte Arnaz Price.++
Upon receiving his license he was
advised why he was pulled over, at
which time he advised he had just
come from the club, The Cave, and
was trying to beat his girlfriend home.
Although he was smoking a cigar, the
Officer detected a strong odor of al
cohol coming from his breath as he
spoke and she noticed that his eyes
were bloodshot and watery. Upon in
quiring if he had been drinking, he
first said No but then admitted to hav
ing a 22-ounce Icehouse beer sever
al hours earlier. He was then reques
ted to exit the vehicle, where a field
sobriety evaluation was performed
which resulted in Price being arres
ted for driving while under the influ
ence of alcohol. While conducting a
search of the vehicle, incident to his
arrest, the Officers located a small
50mL bottle of vodka that was open
and empty in front of the driver seat
on the floorboard. Upon searching
the center console, they located three
(3) small plastic bags containing a
total of 13 grams of methamphetam
ine and two (2) black scales. They
seized an undetermined amount of
USC which was located in his pocket.
Price was arrested and transported to
DeKalb County Jail. The U.S. cur
rency was transported to BB&T Bank
where it was counted by an employ
ee and determined to be $865.00.
The currency was then deposited in
an account at the bank.
Price was charged with Violation of
the Georgia Controlled Substances
Act. The methamphetamine is sub
ject to forfeiture pursuant to O.C.G.A.
§ 16-1349(d)(1). The currency is
subject to forfeiture pursuant to
O.C.G.A. § 16-13-49(d)(2).
Pursuant to O.C.G.A. § 16-13-
49(n)(3), any claim to the seized
property must be sent within thirty
days to the seizing law enforcement
agency AND to Deputy Chief Assist
ant District Attorney, Kenneth
Hutcherson, by certified mail, return
receipt requested.
Robert D. James
(Ga. Bar No. 389148)
District Attorney
Stone Mountain Judicial Circuit
By: Kenneth Hutcherson
Georgia Bar No. 380263
Deputy Chief Assistant
District Attorney
Stone Mountain Judicial Circuit
556 N. McDonough Street, Suite 700
Decatur, Georgia 30030-3355
Email:
klhutcherson@dekalbcountyga.gov
Main Office: (404) 371-2561
Fax: (404) 371-2981
050-359716 6/26,7/3,7/10JH
COMPLAINT FOR FORFEITURE
IN THE SUPERIOR COURT
OF DEKALB COUNTY
STATE OF GEORGIA
CIVIL ACTION FILE NO.
++13CV8272-4++
STATE OF GEORGIA,
Plaintiff,
v.
APPROXIMATELY 238.7 GRAMS
OF COCAINE; AND SIXTY ONE
THOUSAND FOUR HUNDRED
SIXTY FOUR DOLLARS
($61,464.00) IN U.S. CURRENCY;
AND SHARP LED TELEVISION W/
REMOTE, SER# 212829909; AND
SONY BLUE RAY PLAYER W/ RE
MOTE, SER# 1037616; AND
APPPLE I-PAD (16GB), SER# DMP-
KHPH9F182.
Defendants, in rem.
Plaintiff, the State of Georgia, by and
through Robert D. James, District At
torney of the Stone Mountain Judi
cial Circuit, hereby brings this Com
plaint pursuant to O.C.G.A. § 16-13-
49(o), and shows the Court the fol
lowing:
1.
The Defendant Property sought to be
forfeited is described as follows:
a. Approximately 238.7 grams of co
caine; and
b. Approximately 8.42 ounces of
marijuana; and
c. Sixty one thousand four hundred
sixty four dollars ($61,464.00) in U.S.
Currency; and
d. Sharp LED Television w/ remote,
SER# 212829909; and
e. Sony Blue Ray Player w/ remote,
SER# 1037616; and
f. Apple I-PAD (16GB), SER# DMP-
KHPH9PF182.
2.
The Defendant Property in Para
graph One was seized by Detective
C. M. Forsberg of the DeKalb County
Police Department, pursuant to law
ful authority on May 9, 2013 at 18310
Kensington Point, Lithonia, DeKalb
County, Georgia.
3.
The DeKalb County Police Depart
ment reported the fact of seizure, in
writing on May 22, 2013, which is
within twenty days of seizure.
4.
The Defendant Currency is presently
located at the DeKalb County Police
Department Seizure Account, BB&T
Bank, DeKalb County, Georgia, and
is subject to the jurisdiction of this
Court.
5.
Names and addresses of all known
purported owners of the Defendant
Property are as follows:
Kenneth Davis
18310 Kensington Point
Lithonia, Georgia 30058
6.
Names and addresses of all known
holders of interest of the Defendant
Property are as follows:
Kenneth Davis
18310 Kensington Point
Lithonia, Georgia 30058
7.
On May 9, 2013, Officer Fulton re
sponded to a call at 18310 Kensing
ton Pt., Lithonia, in reference to a
concerned DeKalb County citizen
calling to report that a male subject,
Kenneth Davis, was residing at the
location and was wanted for Narcot
ics and weapons violations. The
caller advised that Davis was sitting
in front of his apartment in a 2013
white Chrysler 300. The warrant was
confirmed and it also advised that
Davis was considered armed and
dangerous.
8.
Upon the Officers arrival, they ob
served the vehicle to be unoccupied,
but upon the operator contacting the
caller, they advised that Davis had
gone into his apartment: #18310.
Upon the Officers approaching the
door to Apt. 18310, they observed
there to be a very strong odor of
Marijuana emitting from the interior of
the apartment. They also observed
there to be talking by the occupants
of the apartment. Officer Fulton
knocked on the door, approximately
four different times, and stated
"DeKalb County Police." After knock
ing on the door the first time, he
heard what appeared to be running
and shuffling as if someone in the in
side was attempting to conceal
something. Moments later Davis
answered the front door with one
hand behind the door. He was asked
his name, at which time he advised,
"Mr. Kenneth Davis." He then took a
few steps back into the living room as
if he was attempting to run or launch
an attack on the Officers. Due to this
maneuver, the Officer immediately
detained him. They inquired if any
one else was inside of the location,
which he failed to answer. Due to his
failure to answer, for Officer Safety,
the Officers conducted a security
sweep of the apartment. Upon enter
ing the rear bedroom, they observed
two (2) male subjects: Anthony Ellis
on and Issac Coleman. Both sub
jects were detained while the Of
ficers continued to search the loca
tion for any other subjects. Upon en
tering the bedroom closet, Officer
Fulton observed, in plain view sitting
on top of a pair of shoes, a large zip
lock bag containing 8.42 ounces of
Marijuana. After conducting the se
curity sweep, they contacted Detect
ive Forsberg of the DeKalb County
Narcotics Unit due to the large
amount of Marijuana that was ob
served in the closet.
9.
Upon Detective Forsberg arriving to
the location, and being briefed on the
Officers findings, a search warrant
was applied for and approved. Upon
executing the search warrant, they
located 238.7 grams of Cocaine
which was located in a coat pocket in
the bedroom closet and in the dryer.
They seized a Sharp LED television,
a Sony Blue Ray Player and an I-
PAD which was located in the com
mon areas of the apartment. They
also seized an undetermined amount
of U.S. currency which was located in
the bedroom closet and in the freez
er.
10.
Davis was arrested and transported
to the DeKalb County Jail. The U.S.
currency was transported to BB&T
Bank where it was counted by an em
ployee and determined to be
$61,646.00. The currency was then
deposited in an account at the bank.
11.
Davis was arrested and charged with
Violation of the Georgia Controlled
Substances Act.
12.
The Defendant Currency is seized
pursuant to O.C.G.A. § 16-13-
49(d)(2).
13.
Said Defendant Property is contra
band and should be forfeited to the
State of Georgia pursuant to the pro
visions of O.C.G.A. § 16-13-49, in
that said Property represents pro
ceeds derived or realized from a viol
ation of the Georgia Controlled Sub
stances Act, O.C.G.A. § 16-13-30.
14.
Said Defendant Property is contra
band and should be forfeited to the
State of Georgia pursuant to the pro
visions of O.C.G.A. § 16-13-49, in
that said Property was used or inten
ded for use to facilitate a violation of
the Georgia Controlled Substances
Act, O.C.G.A.§ 16-13-30.
15.
Said Defendant Property is contra
band and should be forfeited to the
State of Georgia pursuant to the pro
visions of O.C.G.A. § 16-13-49, in
that said Property was found in close
proximity to marijuana.
WHEREFORE THE STATE OF
GEORGIA PRAYS:
1) that all owners and interest hold
ers listed above be personally served
with a copy of the Complaint and
Summons;
2) that the custodian of the Defend
ant Property listed above be person
ally served with a copy of the Com
plaint and Summons and be ordered
to maintain possession of the Prop
erty pending further Order of Court;
3) that any and all known and un
known persons claiming an interest in
the Defendant Property listed above
be served by publication as provided
in O.C.G.A. § 16-1349(o)(2)(B);
4) that the Court enter a judgment in
favor of the State of Georgia declar
ing said Defendant Property forfeited
to the State of Georgia; and in the
event that no claimant files an An
swer in accordance with the specific
statutory requirements of O.C.G.A. §
16-13-49(o)(3), that the Court order
the immediate disposition of
the seized and forfeited property in
accordance with subsection (o)(4);
5) that the Court order any claimant
who fails to establish that a substan
tial portion of the claimant's interest is
exempt from forfeiture to pay to the
State of Georgia the actual costs in
curred in the investigation and pro
secution of this action including reas
onable attorney's fees as provided by
O.C.G.A. § 16-13-49(t)(3);
6) that the Court retain jurisdiction to
direct the proper disposition and dis
tribution of the Property which is for
feited as provided by O.C.G.A. § 16-
13-49(u)(4); and
7) that the State of Georgia be af
forded such other relief and remed
ies as are available under law.
Robert D. James
(Ga. Bar No. 389148)
District Attorney
Stone Mountain Judicial Circuit
By: Kenneth Hutcherson
Georgia Bar No. 380263
Deputy Chief Assistant
District Attorney
Stone Mountain Judicial Circuit
556 N. McDonough Street, Suite 700
Decatur, Georgia 30030-3355
Email:
klhutcherson@dekalbcountyga.gov
Main Office: (404) 371-2561
Fax: (404) 371-2981
050-359755 6/26,7/3JH
NOTICE OF SUMMONS
In the Superior Court
of DeKalb County
State of Georgia
Civil Action File No.
++13CV6308-9++
State of Georgia,
Plaintiff
v.
Approximately less than an ounce
of marijuana; and 2006 Mercedes
Benz CLS500C,
VIN# WDDDJ75X16A018738
Defendants, in rem.
TO: ALL PERSONS CLAIMING AN
INTEREST IN DEFENDANT PROP
ERTY
You are hereby notified that the
above-styled action seeking the for
feiture of certain property more partic
ularly described as follows was filed
in this Court on June 4, 2013, pursu
ant to O.C.G.A. § 16-14-7, § 16-8-5.2
and § 16-9-4:
a. 2006 Mercedes Benz CLS500C
VIN# WDDDJ75X16A018738
Said action alleges that there may
have an interest in said property. You
are further notified that by reason of
an order for service of summons by
publication entered by the Court on
the 13th day of June, 2013, you are
hereby commanded and required to
file with the acting Clerk of said Court
and serve upon Kenneth Hutcherson,
Deputy Chief Assistant District Attor
ney, Stone Mountain Judicial Circuit,
556 N. McDonough Street, Suite 700,
Decatur, GA 30030 an answer to the
Complaint within thirty (30) days of
the date of final publication.
Witness the Honorable Mark An
thony Scott, Judge of said Court.
This the 14th day of June, 2013.
Debra Deberry, Clerk
Superior Court of DeKalb County
Room 203
DeKalb County Courthouse
Decatur, Georgia 30030
Stone Mountain Judicial Circuit
050-359777 7/3,7/10,7/17JH
In re: APPROXIMATELY 550.59
GRAMS OF MARIJUANA; et al.
NOTICE OF SEIZURE
OF PERSONAL
PROPERTY VALUED AT
$25,000.00 OR LESS
TO: ALL PERSONS CLAIMING AN
INTEREST IN PROPERTY DE
SCRIBED BELOW
Pursuant to O.C.G.A. § 16-13-49(n),
you are hereby notified that on March
19, 2014, the property described be
low was seized at 1580 Dixie Street,
Apt. #10, DeKalb County, Georgia by
Officer Tolliver of the Atlanta Police
Department:
a. Approximately 550.59 grams of
marijuana; and
b. Two thousand three hundred forty
two dollars ($2,342.00) in U.S. Cur
rency; and
c. Samsung cell phone, Model# SPH-
M270; and
d. Samsung camera, Model#
WB250F; and
e. Apple Ipod, Model# A1238; and
f. Apple Ipod, Model# A1285; and
g. Apple Ipod Touch, Model# A1509;
and
h. Samsung Cell phone, Model#
XE500TIC; and
i. Apple Ipad, Model# A1432; and
j. Samsung Tablet, Model#
XE500TIC; and
k. Panasonic 42” TV, Model#
TC42PX14; and
l. LG 55” TV, Model# 55LN5100; and
m. LG 26” TV, Model# 26LH20; and
n. Samsung 26” TV, Model#
LNT2642H; and
o. LG 50” TV, Model# 50PN4500;
and
p. Sony Playstation 3; and
q. Alcatel cell phone, Model# 5020N;
and
r. Samsung cell phone, Model#
SCHR920; and
s. Zten cell phone, Model#
ZTEN9100; and
t. Canon Video Camera, Model#
FS100; and
u. QSEE Security Cameras, Model#
QSM1424W; and
v. Apple Iphone, Model# A1332.
Conduct giving rise to said seizure
was as follows:
Said property:
a. was directly or indirectly used or in
tended for use to facilitate a violation
of the Georgia Controlled Sub
stances Act, O.C.G.A. § 16-13-30,
more specifically, the possession,
distribution, sale, or delivery of
marijuana.
b. was found in close proximity to
said marijuana; or
c. represents proceeds derived or
realized from said violation(s) of the
Georgia Controlled Substances Act.
More specifically, on March 19, 2014
Atlanta Police Department executed
a search warrant at 1580 Dixie
Street, Apt. #10, Atlanta, Georgia
30317. Upon entry into the residence
Atlanta Police cleared the residence
and found no one to be inside the
residence. During search of the resid
ence Atlanta Police recovered 550.59
grams of marijuana, $2,342.00 in
U.S. Currency, and 8mm starter pis
tol, electronics, vacuum sealer, pack
aging material, digital scales, 4 pre
scription bottles belonging to ++Jer-
maine Berry++. Vile containing an
unknown substance and security
cameras were also found. Atlanta Po
lice observed a red Dodge Ram tag#
PQN4432 parked directly in front of
the apartment door and could smell a
strong odor of marijuana emanating
from the vehicle. Atlanta Police knew
this vehicle was associated with the
target location due to the vehicle be
ing parked in the exact same spot
previously and seeing it entering and
leaving the location on several occa
sions during surveillance and the tag
was registered to Jermaine Berry.
The K9 alerted on the vehicle and At
lanta Police obtained a search war
rant and entered the vehicle and re
covered electronics, insurance paper
work belonging to Jermaine Berry,
marijuana cigarette 1.1 grams, 17
opened vacuum sealed bags with
marijuana residue. (These bags
matched the vacuum bags located in
side the target location with
marijuana in them). All illegal narcot
ics, money and other recovered items
were placed into Atlanta Police Prop
erty. All parties were charged accord
ingly.
Berry was charged with Violation of
the Georgia Controlled Substances
Act. The marijuana is subject to for
feiture pursuant to O.C.G.A. § 16-13-
49(d)(1). The currency is subject to
forfeiture pursuant to O.C.G.A. § 16-
13-49(d)(2).
Pursuant to O.C.G.A. § 16-13-
49(n)(3), any claim to the seized