'05/28/2008 11-48-20 Shetoe Sty suemipe “ve ene oo District Gaurt Rashoe ounty 12 13 14 15 16 17 18 19 20 2a 22 23 24 25 26 e e tt FILED PAIGE A, DOLLINGER 2006 SEP 28 AMI: 88 DEPUTY DISTRICT ATTORNEY BAR NO. 8048 P.O. BOX 30083 RENO, NV 89520-3083 (775) 337-5700 ATTORNEY FOR PLAINTIFF IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE aisea WASHOE COUNTY, NEVADA, by and ‘through the SHERIFF OF WASHOE COUNTY, Plaintiff, case wo. CVOE 02333 vs. Dept. No. & $4,637.00 U.S. CURRENCY, Respondent. / COMPLAINT FOR FORFEITURE In this Complaint for Forfeiture, Washoe County, Nevada, by and through the Sheriff of Washoe County, by RICHARD A. GAMMICK, Washoe County District Attorney, through PAIGE A. DOLLINGER, Deputy District Attorney, on information and belief, alleges as follows: This is a civil action for the forfeiture of Respondent property pursuant to the provisions of NRS 453.301 and NRS 179.1156 to NRS 179.121, inclusive. “it Me10 a 12 13 14 15 16 17 1g 19 20 21 22 23 24 25 26 ar. That this action is exempt for mandatory arbitration pursuant to Nevada Arbitration Rule 3(a) as a matter of public policy. Im. That the only known prospective Claimant to the Respondent property is Calen Evans qv. That on or about the 21st day of August, 2006, within the County of Washoe, State of Nevada, duly authorized and acting officers of the DEA Task Force seized the Respondent property pursuant to a determination that probable cause existed to forfeit the Respondent property. At the time of its seizure, the Respondent property was under the custody of Calen Evans. The Respondent property is currently in the custody of the Washoe County Sheriff's Office, within the County of Washoe. State of Nevada. ve That on or about the 21st day of August, 2006, within the County of Washoe, the Respondent property while under the custody of Calen Evans was value furnished or intended to be furnished in exchange for a Schedule I controlled substance, to wit: Marijuana, and is therefore subject to forfeiture under NRS 453,301(9). In addition, the Respondent property is proceed traceable to such an exchange and/or used to facilitate a violation of NRS 453.011 to NRS 453.552, inclusive, except NRS10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 453.336. The circumstances referred to herein which establish probable cause for forfeiture involves the response of the Washoe County Sheriff’s Office to a traffic accident at 866 Tahoe Boulevard. Deputy Liles made contact with Calen Evans driver of one of the vehicles involved in the accident. Deputy Liles smelled the odor of marijuana coming from Calen Evan's vehicle. Evans gave Deputy Liles consent to search the vehicle and its contents. Deputy Liles found a black backpack inside Evans’ vehicle which contained cash and three (3) bags of marijuana. Evans also had a Motorola cell phone in his right cargo pocket that rang repeatedly during the search and subsequent arrest. Evans received a text message on his cell phone asking Evans to supply the texter with an “eighth” until “wend” and was signed by Norris vr Potential Claimant Calen Evans was arrested under the NRS 453.336, 453.337 and 453.56. following criminal charge: vir. Because the amount of cash found in the possession of Calen Evans at the time of his arrest was in excess of $300.00, pursuant to NRS 453.301(9] there is a rebuttable presumption that the cash is subject to forfeiture. viIl. Pursuant to the provisions of NRS 179.1169, all right, title and interest in the Respondent property was vested in Washoe County, Nevada, by and through the Sheriff of Washoe10 a 12 13 1 15 16 a7 18 19 20 21 22 23 24 25 26 County at the time said property was used as described herein WHEREFORE, WASHOE COUNTY, NEVADA, by and through the SHERIFF OF WASHOE COUNTY, prays as follows: 1. That the Court enter judgment of forfeiture of the Respondent property to Washoe County, Nevada, by and through the Sherif€ of Washoe County to be distributed in the manner set forth in NRS 179.1185 and 179.116; 2. That the Court enter a judgment divesting any and all other Claimants of any right, title or interest in the Respondent property and vesting the same in Washoe County, Nevada, by and through the Sheriff of Washoe County: 3. That Plaintiff recover its costs and attorneys' fees against any party, person, or entity opposing the forfeiture of Respondent property as prayed for herein; and 4, That Plaintiff have such other and further relief as the Court deems just and proper. pated this KO day of Qophmnhe., 2006. RICHARD A. GAMMICK District Attorney Deputy District Attorney P.O. Box 30083 Reno, NV 89520-3083 (715) 337-5700 ATTORNEYS FOR PLAINTIFF