1 CIT- PCT 4
`
`FILED
`6/7/2024 4:15 PM
`FELICIA PITRE
`DISTRICT CLERK
`DALLAS CO., TEXAS
`Phyllis Vaughn DEPUTY
`
`NcPC-24-08033
`
`IN THE DISTRICT COURT
`
`DALLAS COUNTY, TEXAS
`
`68th
`
`JUDICIAL DISTRICT
`
`§
`§
`
`§ §
`
`§
`§
`
`STATE OF TEXAS
`
`VS.
`
`FOUR THOUSAND SEVENTY-TWO
`DOLLARS AND ONE CENT IN
`UNITED STATES CURRENCY
`
`
`ORIGINAL NOTICE OF SEIZURE
`
`AND INTENDED FORFEITURE
`
`COMES NOWD. McBride #945, an officer of the Irving Police Department and in the name
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`and for the State of Texas, files this Original Notice of Seizure and Intended Forfeiture of FOUR
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`THOUSAND SEVENTY-TWO DOLLARSAND ONE CENT($4,072.01) IN UNITED STATES
`
`CURRENCYand in support of such relief would show the following:
`
`1.
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`This suit is brought in accordance with Chapter 59 of the Texas Code of Criminal Procedure,
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`is within the Court’s jurisdiction,is filed as a Level One discovery case, is seeking monetary relief of
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`$250,000.00 or less and is governed by the expedited actions process.
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`II.
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`Plaintiff complains of Marlon Roberts aka Marlow Roberts, DOB 12-6-1978, who may be
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`served with process at 3736 Portland Street, #250, Irving, Dallas County, Texas 75038.
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`Plaintiff asserts that the said currency is contraband andis subject to seizure and forfeiture as
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`Ill.
`
`provided by Chapter 59 of the Texas Code of Criminal Procedure.
`
`IV.
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`Plaintiff asserts that the seizure of the aforementioned contraband occurred on the 10" day of
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`May 2024, in Dallas County, Texas.
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`ORIGINAL NOTICE OF SEIZURE AND INTENDED FORFEITURE-Page 1
`L\Forfeiture\Petition\Marlon Roberts aka Marlow Roberts
`
`
`
`V.
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`Plaintiff alleges that the seizure of the aforementioned contraband was made pursuant to a
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`lawful arrest, pursuant to a lawful search, and pursuantto a lawful search incidentto arrest.
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`VI.
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`Plaintiff alleges that the said currency is contrabandin that it was used or intended to be used
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`in the commission of a felony under Chapter 481 of the Texas Health and Safety Code; and wasthe
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`proceeds gained from the felony of unlawful delivery of a controlled substance and money
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`laundering.
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`VU.
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`Plaintiff alleges that on May 10, 2024, the contraband becamesubject to forfeiture in that
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`Irving Police Department conducteda traffic stop on Claimant Marlon Roberts at Esters Road and
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`West Northgate Drive, Irving, Dallas County, Texas for unconfirmed insurance and expired
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`registration. The driver of the car, Claimant Marlon Roberts, had an active warrant for possession of
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`marijuana. Claimant Roberts admitted to possessing marijuana. Roberts was arrested. A probable
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`cause search of the vehicle was conducted and three more baggies containing marijuana were in the
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`passengerseat, driver's door, and pocket behind the passenger's seat. A search of Claimant Roberts
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`incident to arrest revealed he was in possession of approximately $4,072.01 in U.S. currency on his
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`person and his vehicle.
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`Plaintiff contends that the $4,072.01 in United States currency seized from Claimant Marlon
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`Roberts was used, was intended to be used, or was the proceeds obtained from the commission of a
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`felony under Chapter 481 of the Texas Health and Safety Code and/orthesale of illegal narcotics, a
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`felony, or money laundering.
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`ORIGINAL NOTICE OF SEIZURE AND INTENDED FORFEITURE - Page 2
`L\Forfeiture\Petition\Marlon Roberts aka Marlow Roberts
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`
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`Plaintiff, acting in compliance with Article 59.04(b), attaches the sworn statement ofthe
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`VOI.
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`seizing officer as Exhibit A.
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`IX.
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`Plaintiff would state that the said currency is more particularly described in Schedule A of
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`the seizing officer's sworn statement.
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`WHEREFORE, PREMISES CONSIDERED,Plaintiffprays that this petition be considered
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`an Original Notice of Seizure and Intended Forfeiture and that citation issue to those parties as set
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`out in this petition; that upon hearing this Court find that FOUR THOUSAND SEVENTY-TWO
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`DOLLARS AND ONECENT($4,072.01) IN UNITED STATES CURRENCYis contraband as
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`defined in the Texas Code of Criminal Procedure, Article 59.01(2) and that the Court allow
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`forfeiture of the above described property to the State of Texas by and throughthe office of the
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`Criminal District Attorney of Dallas County, Texas as agent for the State and in accordance withits
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`local agreement with the Irving Police Department, subject only to any interest of the bona fide
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`holder of the perfected lien or perfected security interest on said contraband and that the property be
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`disposed of pursuant to Article 59.06 of the Texas Code of Criminal Procedure andthatall costs be
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`taxed against the Claimantin this cause and for such otherrelief at law and equity as the Plaintiff
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`shall be entitled to receive.
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`ORIGINAL NOTICE OF SEIZURE AND INTENDED FORFEITURE-Page 3
`L\Forfeiture\Petition\Marlon Roberts aka Marlow Roberts
`
`
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`Respectfully submitted,
`
`Dallas County District Attorney
`Dallas County, Texas
`
`iy re OVVPS
`
`Jason L. Mathis
`Assistant District Attorney
`Texas Bar No. 24041415
`Records Building
`500 Elm Street, Suite 6300
`Dallas, Texas 75202
`(214) 653-6703
`Jason.Mathis@dallascounty.org
`
`ATTORNEY FOR PLAINTIFF
`
`ORIGINAL NOTICE OF SEIZURE AND INTENDED FORFEITURE-Page 4
`L\Forfeiture\Petition\Marlon Roberts aka Marlow Roberts
`
`
`
`EXHIBIT A
`
`
`
`AFFIDAVIT
`
`CAME UNTO methis day, D. McBride #945, a person known to me and
`upon oath swearsas follows:
`
`| am over the age of 18, have personal knowledge
`"My name is D. McBride #945.
`of the facts asserted below and am competentto testify to those facts.
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`Affiant, D. McBride #945, is employed as a Police Officer by the City ofIrving,
`Department of Police, and is presently assigned to the Special Investigations
`Section Unit of said department.
`
`On May10, 2024, Officer M. DeRoncey #1266 observed a gray 2008 Honda Accord bearing Texas
`license plate SBL-8853 traveling westbound on Portland Street. An NCIC check of the vehicle
`revealed it had unconfirmed insurance and the registration was expired as of July 2023. Officer
`DeRoncey was also aware the owner, Marlon ROBERTS, had an active warrant for possession of
`marijuana. A traffic stop was initiated as the vehicle at Esters Road and West Northgate Drive,
`irving, Dallas County, Texas.
`
`Officer DeRancey contacted ROBERTSas the sole occupant and immediately detected a
`moderate odor of fresh Marijuana emitting from inside of the vehicle. Officer DeRoncey asked
`ROBERTSif there was any marijuana in the car. ROBERTS admitted to possessing marijuana and
`proceeded to hand Officer DeRoncey two plastic sandwich baggies containing marijuana.
`ROBERTSretrieved the baggies from behind the front passenger seat. ROBERTS wasarrested.
`
`A probable cause search of the vehicle was conducted and three more baggies containing
`marijuana were in the passengerseat, driver's door, and pocket behind the passenger’s seat.
`Also, a digital scale with marijuana residue was in the center console. Underneath the driver's
`seat was an open box of unused sandwich baggies. The baggies were identical to those used to
`package the marijuana that had previously been seized from ROBERTS. Officer DeRonceyis
`familiar with the appearance and characteristics of marijuana from his experience.
`
`The defendant also possessed two cellular phones, Samsung and an Apple, that appeared to be
`in working order, Those phones wereseized and placedinto the Irving Property room. ROBERTS
`outstanding warrant for possession of marijuana was confirmed. A search of ROBERTSincident
`to arrest revealed he was in possession of approximately $4,072.01 in U.S. currency on his
`person and his vehicle. The total weight of the marijuana seized was 28.8 grams packaged for
`sales in multiple plastic baggies. ROBERTS was transportedto IrvingJail.
`
`Your affiant was assigned to follow up on this arrest and any possible civil forfeiture
`investigation. Your affiant knows from his experience that marijuana traffickers will often
`possess multiple prepackaged baggies of marijuana for sales, a digital scale to weigh out those
`baggies for sale, multiple cellular phones to be utilized for marijuana sales, and proceeds of
`marijuanasells in the form of large amounts of U.S. currency. Your affiant believes that ROBERTS
`was in possession of the marijuana with intent to sell it and has previously conducted numerous
`narcotics transactions due the amountof U.S. currency and packaging materials he possessed.
`
`
`
`On May 14, 2024, your affiant obtained a search warrantfor the cellular phones seized from
`ROBERTS. Your affiant analyzed the data that was recovered upon execution of the search
`warrant. Text message conversations and photographs recovered from ROBERTS phoneindicate
`that he is an active marijuana trafficker. Your affiant located hundreds of text conversations that
`occurred in the days and months before ROBERTSarrest where he wasconsistently selling
`marijuana. Text messages prove that ROBERTS was consistently selling 28 and 14 gram
`quantities of marijuana which is a felony violation under Chapter 481 of the Texas Health and
`Safety Code. The average marijuana pricing ROBERTS chargedhis customersis $140 for an
`ounce, $70 for a half ounce, $40 for a quarter ounce, and $25for an eighth of an ounce.
`ROBERTSwasalso trading marijuana for other drugs such as hydrocodone and Adderall.
`ROBERTShad photographs of various amounts of marijuana packaged and weighed on a digital
`scale for sales.
`
`Your affiant requested a Texas Workforce check of ROBERTS whichis still pending. ROBERTS has
`an extensive criminal history in six states that involve the possession and sales of various
`narcotics.
`
`Your affiant seized the United States currencylisted in Schedule A attached hereto. Youraffiant
`contends that the $4,072.01 in United States currency seized from ROBERTS was used and/or
`intended to be used and/or is proceeds obtained from and/or was acquired with proceeds
`obtained from the commission of a felony under Chapter 481 of the Texas Health and Safety
`Code (Texas Controlled Substances Act).
`
`Gj
`SWORN TOAND SUBSCRIBEDbefore me on the _&3"dayof M anf
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`AE
`
`iT
`
`D
`
`2064.
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`My commission expires:
`
`tate of Texas
`
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`My Notary ID # 130449953 iy oee—
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`JUAN M. ESTRADA
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`Expires December 11, 2027
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`
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`SCHEDULE A
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`U.S. CURRENCYSEIZED
`
`QUANTITY
`13
`6
`104
`20
`26
`0
`27
`
`AMOUNT
`$ 1,300.00
`$ 300.00
`$ 2,080.00
`$ 200.00
`$ 130.00
`$ 0.00
`$ 27.00
`
`SUBTOTALNOTE:
`
`$ 4037.00
`
`UNITED STATES FEDERAL RESERVE NOTE
`UNITED STATES FEDERAL RESERVE NOTE
`UNITED STATES FEDERAL RESERVE NOTE
`UNITED STATES FEDERAL RESERVE NOTE
`UNITED STATES FEDERAL RESERVE NOTE
`UNITED STATES FEDERAL RESERVE NOTE
`UNITED STATES FEDERAL RESERVE NOTE
`
`$100.00
`$50.00
`$20.00
`$10.00
`$5.00
`$2.00
`$1.00
`
`QUANTITY
`0
`86
`89
`66
`131
`
`AMOUNT
`$ 0.00
`$ 21.50
`$ 8.90
`$ 3.30
`$ 1.31
`
`UNITED STATES FEDERAL RESERVE COIN
`
`UNITED STATES FEDERAL RESERVE COIN
`UNITED STATES FEDERAL RESERVE COIN
`UNITED STATES FEDERAL RESERVE COIN
`UNITED STATES FEDERAL RESERVE COIN
`
`$1.00
`$0.25
`$0.10
`$0.05
`$0.01
`
`SUBTOTALCOIN:
`
`$ 35.01
`
`TOTAL:
`
`$4,072.01
`
`
`
`Automated Certificate of eService
`This automated certificate of service was created by the efiling system.
`The filer served this document via email generated by the efiling system
`on the date and to the personslisted below. The rules governing
`certificates of service have not changed. Filers muststill provide a
`certificate of service that complies with all applicable rules.
`
`Jessica Bahena on behalf of Jason Mathis
`Bar No. 24041415
`jessica.bahena@dallascounty.org
`Envelope ID: 88582696
`Filing Code Description: Original Petition
`Filing Description:
`Status as of 6/8/2024 6:14 AM CST
`
`Case Contacts
`
` JASON MATHIS P| Jason.Mathis@dallascounty.org|6/7/2024 4:15:48 PM|SENT
`
`
