Filing # 198513179 E-Filed 05/16/2024 05:32:26 PM
`
`
`
`
`
`
`
`
`
`
`IN RE: FORFEITURE OF:
`
`$9,309.00 in U.S. Currency
`__________________________________/
`
`IN THE CIRCUIT COURT OF THE 11TH
`JUDICIAL CIRCUIT IN AND FOR
`MIAMI-DADE COUNTY, FLORIDA
`
`CASE NO.: 2024-006524-CA-01
`
`
`VERIFIED COMPLAINT FOR PROBABLE CAUSE AND
`FOR FINAL ORDER OF FORFEITURE
`
`COMES NOW, the Plaintiff, City of North Miami Beach, by and through undersigned
`
`counsel, pursuant to § 932.701-7062, Fla. Stat. (2023)1 files this Verified Complaint for Probable
`
`Cause and for Final Order of Forfeiture, and as grounds therefore states:
`
`JURISDICTION AND VENUE
`
`1)
`
`This is an action for forfeiture pursuant to Fla. Stat. § 932.701-7062, Fla. Stat. This
`
`Court has jurisdiction pursuant to § 932.704(2) Fla. Stat., as the $9,309.00 was seized by the North
`
`Miami Beach police department in North Miami Beach, Miami-Dade County, Florida.
`
`2)
`
`Venue is proper in Miami-Dade County because this action involves property
`
`seized in North Miami Beach, Florida.
`
`GENERAL ALLEGATIONS
`
`3)
`
`A description of the property that is the subject of this action is as follows:
`
`$9,309.00 in U.S. currency.
`
`4)
`
`It is alleged that the property described in Paragraph 3 above, was on or about April
`
`3, 2024, used intended or attempted to be used in violation of § 932.702(1-5) Fla. Stat., or said
`
`property is alleged to be a “contraband article” as defined by § 932.701(2)(a)(1-12) Fla. Stat.
`
`
`1 All references to Florida Statutes are to Fla. Stat. (2023) unless otherwise noted.
`
`
`
`

`

`CASE NO.: 2024-006524-CA-01
`
`
`5)
`
`On April 10, 2024, the Plaintiff, City of North Miami Beach (the “City”), by and
`
`through the undersigned city attorney timely filed its Application for Probable Cause pursuant to
`
`§ 932.703(2). Fla. Stat. See Ex. “A” attached hereto.
`
`6)
`
`On May 8, 2024 the Honorable Circuit Judge Brinkley entered an Order, finding
`
`probable cause for the seizure of the above-described property. See Ex. “B” attached hereto.
`
`7)
`
`No request for an adversarial preliminary hearing has been made by any person or
`
`entity, who may be making a claim to the subject property, and therefore no further order
`
`determining probable cause is required pursuant to § 932.703(2)(c) Fla. Stat.
`
`8)
`
`On April 3, 2024, the City of North Miami Beach, by and through members of the
`
`North Miami Beach Police Department discovered and seized the property described in Paragraph
`
`3 above, under the following circumstances:
`
`a)
`
`On April 3, 2024, North Miami Beach police officers were conducting a
`
`narcotics investigation. While conducting the investigation, Officer Jeno Milfort
`
`(“Officer Milfort”) conducted a traffic stop of Calvin Cylar (“Cylar”), at or near
`
`NW 1st Avenue/NW 167th Street in North Miami Beach, Florida. Officer Milfort
`
`advised Detective Kaio Farini (“Detective Farini”) that he smelled marijuana
`
`emitting from Cylar’s automobile and that he observed burnt cannabis located in
`
`the automobile’s center console.
`
`b)
`
`Officer Milfort conducted a search of the automobile yielding a total of 7.0
`
`grams of packaged marijuana, which was located inside of a black backpack.
`
`Bundles of cash wrapped around pieces of paper were also found in the backpack.
`
`157771325.2
`
`2
`
`

`

`CASE NO.: 2024-006524-CA-01
`
`
`c)
`
`Based on Officer Milfort’s findings, Cylar was arrested and taken into
`
`custody for processing for being in possession of cannabis under twenty grams in
`
`violation of Fla. Stat. § 893.13(6)(b).
`
`d)
`
`An inventory was conducted yielding the aforementioned bundles of cash
`
`found in the backpack totaling $9,309.00. It was concluded that the cash was related
`
`to illegal marijuana transactions, as set forth in the affidavits of Officer Milfort, and
`
`Detective Farini, which are adopted and incorporated by reference to the instant
`
`Verified Complaint. (See, Ex. “A” and “C”).
`
`e)
`
`On April 4, 2024, the North Miami Beach Police Department seized for
`
`forfeiture $9,309.00 in U.S. Currency.
`
`9)
`
`Cylar, the owner of the property, was arrested for a criminal offense that forms the
`
`basis for determining that the property is a contraband article under § 932.701, Fla. Stat. The
`
`property is a monetary instrument, as defined under the statute.
`
`10) On April 12, 2024, the State Attorney filed criminal charges against Cylar, in Case
`
`No. B-24-008334.
`
`11) On April 19, 2024, the City sent a Notice of Seizure by certified mail to Cylar
`
`pursuant to § 932.703(3)(a) Fla. Stat. (See Ex. D).
`
`12) On April 23, 2024, the City filed a Supplemental Affidavit of Detective Kaio Farini
`
`further addressing the facts supporting the forfeiture of the property. (See Ex. C).
`
`13) On May 8, 2024, the City sent a Notice of Seizure by certified mail to Tiffaney
`
`Jountae Kelly, who based on information and belief, is Cylar’s wife, pursuant to § 932.703(3)(a).
`
`(See Ex. E).
`
`157771325.2
`
`3
`
`

`

`CASE NO.: 2024-006524-CA-01
`
`
`14)
`
`The City has conducted a reasonably diligent search for all owners, registered
`
`owners, bona fide lienholders, titleholders or other known claims of ownership that may have an
`
`interest in the property that is the subject of this Verified Complaint, and such search has revealed
`
`that the following persons or entities who may have standing to challenge the forfeiture of said
`
`property by virtue of having had a proprietary interest in such property prior to its seizure by the
`
`City of North Miami Beach:
`
`CALVIN CYLAR
`TIFFANEY JOUNTAE KELLY
`
`The City adopts and incorporates by reference to the instant Verified Complaint,
`
`15)
`
`the application for Probable Cause and Order on the Application for Probable Cause executed by
`
`the seizing officer.
`
`16)
`
`Pursuant to the filing of this Verified Complaint, the service requirements of §
`
`932.703(2)(a-e) Fla. Stat., and, as appropriate, § 932.704(6)(a-c) Fla. Stat., have been or will be
`
`complied with by the City. The Verified Complaint is being presented within 45 days of forfeiture
`
`pursuant to § 932.701, Fla. Stat. The Verified Complaint also complies with the filing fee of at
`
`least $1,000 and the deposit of a bond of $1,500 to the clerk of court as required by § 932.704(4)
`
`Fla. Stat. (See, Ex. F).
`
`WHEREFORE, the City of North Miami Beach respectfully requests this Court to issue an
`
`Order of Probable Cause requiring Calvin Cylar and any other persons or entities who may claim
`
`a proprietary interest to show cause why the property described in Paragraph 3 of this Verified
`
`Complaint should not be forfeited to the City of North Miami Beach, and after hearing or upon
`
`default pursuant to Fla. R. Civ. P. 1.500(a), to enter a Final Order of Forfeiture perfecting all rights,
`
`157771325.2
`
`4
`
`

`

`CASE NO.: 2024-006524-CA-01
`
`title and interest to said property in the City of North Miami Beach for such purposes as prescribed
`
`by law.
`
`DATED this 16th day of May, 2024.
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`FOX ROTHSCHILD LLP
`Attorneys for City of North Miami Beach
`2 South Biscayne Boulevard
`One Biscayne Tower, Suite 2750
`Miami, FL 33131
`Telephone: (305) 442-6540
`Facsimile: (305) 442-6541
`
`
`
`By: /s/ John R. Herin, Jr.
`JOHN R. HERIN, JR.
`Florida Bar No. 907928
`jherin@foxrothschild.com (primary)
`jpoli@foxrothschild.com (secondary)
`VINCENT CORTELLESSA
`Florida Bar No. 1049207
`vcortellessa@foxrothschild.com (primary)
`jpoli@foxrothschild.com (secondary)
`
`
`
`
`
`
`
`
`
`
`157771325.2
`
`5
`
`

`

`EXHIBIT A
`EXHIBIT A
`
`
`
`
`
`
`

`

`Filing # 195884233 E-Filed 04/10/2024 11:50:21 AM
`
`IN THE CIRCUIT COURT OF THE 11TH
`JUDICIAL CIRCUIT
`IN AND FOR
`MIAMI-DADE COUNTY, FLORIDA
`
`
`
`CASE NO:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`RE: $9,309.00 in U.S. Currency
`_________________________________/
`
`
`APPLICATION FOR AN EX-PARTE ORDER DETERMINING
`PROBABLE CAUSE FOR SEIZURE
`
`
`
`COMES NOW, the Applicant, City of North Miami Beach, by and through undersigned
`
`counsel, pursuant to section 932.703(2), Florida Statutes, files this Application for an Ex-parte
`
`Order Determining Probable Cause for Seizure (Application), and says:
`
`1.
`
`On April 4, 2024, the North Miami Beach Police Department seized for forfeiture
`
`$9,309.00 in U.S. Currency as more fully set forth in the attached sworn affidavit (Affidavit). This
`
`Application is being presented within ten (10) business days of seizing that Property.
`
`2.
`
`The requirements specified in section 932.703(1)(a), Florida Statutes, have been
`
`satisfied, based on the fact that two of the following criteria has been met:
`
`___ X____The owner of the property was arrested for a criminal offense that forms the
`
`basis for determining that the property is a contraband article under section 932.701, Florida
`
`Statutes;
`
`
`
`________The owner of the property cannot be identified after a diligent search or the
`
`person in possession of the property denies ownership and the owner of the property cannot be
`
`identified by means that are available to the employee or agent of the seizing agency at the time of
`
`the seizure;
`
`________The owner is a fugitive from justice or is deceased;
`
` ________An individual who does not own the property was arrested for a criminal
`
`157102820.1
`
`

`

`
`IN RE FORFEITURE OF:
`$104,820.00 in U.S. Currency
`
`
`offense that forms the basis for determining that the property is a contraband article under section
`
`
`
`
`
`
`
`
`
`932.701, Florida Statutes, and the owner of the property had actual knowledge of the criminal
`
`activity;
`
`________The owner of the property agrees to be a confidential informant as defined in
`
`section 914.28, Florida Statutes; or
`
`
`
`___X ___The property is a monetary instrument.
`
`3.
`
`The facts and circumstances surrounding the seizure are contained in the attached
`
`Affidavit, which is incorporated as if fully set forth herein.
`
`WHEREFORE, Applicant requests an Order Finding Probable Cause for Seizure pursuant
`
`to section 932.703(2), Florida Statutes.
`
`ATTESTATION
`
`I HEREBY ATTEST that a copy of this Application and Affidavit have been submitted
`
`this 5th day of April, 2024
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`157102820.1
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`FOX ROTHSCHILD LLP
`Attorneys for City of North Miami Beach
`2 South Biscayne Boulevard
`Suite 2750
`Miami, FL 33131
`Tel: 305-442-6540
`
`
`
`
`
`
` By: /s/John Herin
`
` JOHN R. HERIN, Jr.
`
` Florida Bar No.: 907928
`
` E-mail: jherin@foxrothschild.com
`
` VINCENT CORTELLESSA
`
` Florida Bar No.: 1049207
`
` E-mail:vcortellessa@foxrothschild.com
`
`

`

`NORTHMIAMIBEACH - Bom
`
`
`= <S= pis
`
`ae
`
`
`:
`FORFEITURE CHECKLIST
`
`
`
`
`Sal)
`
`(1) Case# oh 4~{YU( 3-Alo
`
`(2) DateofSeizure: 4 [a [ol Pr)Y
`
`Reports to be submitted
`Date submitted to City Attorney's Office
`a._Original Stipulation (3) wla
`
`
`b.
`Original Consent Form wl
`c.
`| Copyof Miranda Waiver
`(5)
`MV[a
`d.
`Arrest Form (s)
`(6)
`4 | Y | AQIY
`e.
`Offense Incident Reports
`(7)
`Y | uy
`gOoQU
`f.
`Property Receipt
`(8)
`Ly U AO|AY
`
`|
`
`g.
`h.
`
`i.
`
`Currency Count Sheet
`Towing form (s)
`
`Location of Property
`
`(9)
`(10)
`
`(11)
`
`N \iey
`W la
`
`NMBPS Morr RW
`
`(12)
`(14)
`
`Auto Lien / Blue BookValue
`
`ForfeitureRequest
`TrafficCitationsand#
`
`k.
`
`j.
`l.
`
`m.
`n.
`oO.
`
`(1||
`
`uy|UeeQoau
`U|HYoi ‘h (CC1Tate AFAPXE)
`
`jelA ss
`(15)
`Asset sharing form
`wdLA
`(16)
`SeizureWarrant copies
`Copiesofphotographs mie
`
`

`

`CITY OF NORTH MIAMI BEACH POLICE DEPARTMENT
`
`2.
`
`Information of Property
`
`Forfeiture Check List (Continued)
`
`US.Coyptseyey
`(18)Item#1
`(19) Value 3 )4 WO
`
`(18) Item #2
`
`(19) Value
`
`(18) Item #3
`
`(19) Value
`
`(18) Item #4
`
`(19) Value
`
`(20) Lead Detective
`
`; +7Rip(
`
`Date: </ UY
`
`Badge # oe 15
`
`(21) Supervisor
`
`T- LUC
`
`Date : [ “ 94
`
`Badge #257
`
`(22) Forfeiture Officer 2, S/ul 77 O-CST
`
`Date &/ /e4) 202 Y
`
`Badge #230
`
`(23) Division Commander
`
`(24) City Attorney — Packagereceived, not reviewed:
`
`Date:
`
`Date:
`
`

`

`NORTH MIAMI BEACH POLICE DEPARTMENT -
`
`CONTRABAND FORFEITURE REQUEST
`
`
`
`CASE#_AO9U-OU)3~-3G are.4}20904
`
`DESCRIPTION OF ITEM TO BE CONFISCATED:
`MODEL/STYLE:
`ITEM:| NS CA LLENO
`YEAR.
`YEAR:
`TAG/REGISTRATION #
`STATE:
`;
`CONDITION:
`VIN/SERIAL/HULL #:
`ADDITIONALDESCRIPTION:
`ESTIMATED VALUE:
`
`COLOR,,
`
`DRAAAERRIEHEEEEREEEREEHEIEEEEEEEEEEEEERERIEEAEEERIREMIRBEAKEEEEAERHHEEEREEEEEE
`
`304, oO
`
`DESCRIPTION OF SUBJECT (Person arrested and/or in possession ofitem at time ofseizure):
`
`NAME: CALVIN LEDUAQD CYLAT=Race: pos:t{ 3tHAya
`
`ADDRESS (Home):-3524 CORAL SPUNGCS Dit
`La
`TX #;
`3306 5
`ADDRESS (Work): CORAL SHUMES
`£7
`zo
`aeReahfeakeeeHe2HaMeaefeMeaHeaAeAeHHOIAEAEEREEAEEEEEAERARAREHEAHKEREBREEAEEIRRNBEKhIECE
`
`OWNEROF SEIZED ITEM (ifotherthan above subject):
`
`DOB: tf auhasa
`RACE: &
`CALVIW
`NAME:
`ADDRESS(Work): (LAC SPANKS a B3OGS Xt
`
`ADDRESS (Home):
`
`TX#: a
`
`WHY OWNER SHOULD HAVE BEEN AWARE SUBJECT WAS USING PROPERTY FOR CRIMINAL
`
`PURPOSE:
`
`
`
`
`
`
`
`HEEEREEKEEREEREREEEEREAKAEAEEAHAERAKEREREEEERESEEKEKEEREEEEEEABASERERREREEEERERER
`
`FACTS (Griefbut complete narrative ofhow property was used to facilitate criminal act):
`Dick.
`OF A
`#0
`
`fa.
`
`—t
`
`Cc
`
`Com
`
`la
`
`« O
`
`FFICER: PFT. i. FAM
`
`IDE Qs
`
`PD 5-89
`Effective Date: 10/01/90
`Revised Date: 05/02/00
`
`

`

`
`
`City of North Miami Beach,Florida
`Police Department
`
`Memorandum No.
`
`Date
`
`April 4, 2024
`
`To:
`
`From:
`Subject:
`
`City of North Miami Beach Legal Dept.
`
`Kaio Farini, Detectivefor
`Seizure reference NMBPD Case # 2024-0403-26
`
`Date/Time of Seizure:
`April 4th, 2024.
`
`Location:
`NW 1° Avenue/NW 167"Street
`NMB, FL 33162
`
`Property Seized:
`$9,309.00 U.S. Currency
`
`Owner/Complainant:
`Calvin Leonard Cylar
`3524 Coral Springs Dr
`Coral Springs, FL 33065
`0.0.5.
`SSN:
`DL#:
`
`
`
`
`KF/
`
`

`

`Oretony Maso Otrarec Quuv Dov Omoves Dew ine
`Cwarrant
`FUGITIVE WARRANT: Ltn state Clout of state
`
`__#
`
`DEFENDANT'S NAME(LAST, FIRST. MIDDLE)
`
`Ivin Leonarel
`
`|
`OFELONY O JUVENILE
`Oo
`0 MISDEMEANOR
`
` wml FLSTATUTENUMBER|ViOLOFSECT {CODEOF]UCR[DV]WARRANTTYPEORTRAFFICCITATION|CHARGES
`
`
`
`
`
`Connabis under 20 gans Sal! [@s.as||||Eee
`
`os
`
`Dac Cicapas Glew Clrw Opw()suv pu Caw
`
`
`
`~LIAVGISdVLSSNYV/LNIVIdINOS
`
`
`
`AdOOLYNOD
`
`uveniia Division) anytine that my address
`
`rerepoOorpare
`
`
`
`aeOUn2q tleton.Vel)AvSMlodOnthe~Oodayof OU ,20oa ZY iaLICEcamaner
`
`
`
`0 orp
`
`J understand that should | wilfuly fai to appear before
`[cured by bis nodes to appear bat mart be told ir eset cr
`Court and a warrant for my arest shall be issued. Furthermora,I
`agree that notice concoming the ime, date, and place of all court
`hearings should bo sent to the above addrosa,| agree that it is
`Dacoale Dives) cantnee eh eaeeverace nelly
`
`

`

`AGENCY NAME 32.02.09-9 Rev. 05/06
`
`| understandthat should | wilifully fail to appear before the court as required by this notice fo appsar
`that | may be heid in contempt of court and warrant for my arrest shall be issued. Furthermara,|
`agree that notice conceming the time, date, and place of all court bearings should be sent to tha
`above address. | agree that it Is my responsibilty to notify Clerk of the Court (Juvenies notity
`Juvenile Division)
`anytime
`that my
`add
`‘
`.
`OW" 2 ppear In court, but must
`plywith the instructions on the reverse ide hersof.
`fh
`,
`SignatureofDefandant/Juvenilea
`
`HOLD FOR OTHER AGENCY
`Nema:
`.
`ESWEAR THAT THE ABOVE STATEMENT IS TRUE AND CORRECT.
`
`VERIFIED BY
`
`'S # COMPLAINANT'S SIGNATURE
`
`a f } ort
`
`(Printed)
`
`ID NUMBER/LOC, CODE
`
`MC p D
`
`9
`
`Hi
`
`.
`B
`
`.
`
`f
`
`—=
`wo
`p
`ofr,
`e
`\ 3
`Lh - a ae
`
`i
`
`;
`
`.
`
`7
`
`‘
`
`.
`
`:
`
`f~sy
`
`i f
`
`COMPLAINT/ARREST AFFIDAVIT
`CONTINUATION
`COURT CASE NO.
`
`
`
`CODE|MUNICIPAL P.D. DEF. ID NO. MDPO RECORDS AND ID NO.
`
`DOB (MM/DD
`MISt fe
`Oincustooy (4 FELONY DD Juvenite
`j AT LARGE
`O ov
`ErMISDEMEANOR
`
`IN custee?” DJ FELONY CT JUVENILE
`ATLARGE
`Clov
`0 MISDEMEANOR
`WARRANT TYPE OR TRAFFIC CITATION
`
`=O
`
`DEFENOANT'S NAME (LAST, FIRST, MIDDLE)
`lav,
`Calvin Leonard
`ADDITIONAL CO-DEFENDANT NAME(Last, First, Middle)
`
`DOB (MM/DDIYYYY)
`
`DOB (MMIDDAPrTY)
`
`

`

`*“AFAFJXE*
`FLORIDA UNIFORM TRAFFIC CITATION
`AFAFIXE
`pore
`Oinrtxee BDoeo Oso Owen
`Tone WarsTae oe
`
`™l
`
`COMPLAINT
`WHEN PRESENTED TO VIOLATOR, THE FOLLOWING AMOUNT WAS ENTERED.
`PAY A CIVIL PENALTY IN THE AMOUNT OF 3
`
`DOCKET NO
`
`PAGE NO.
`
`COURT ACTION AND OTHER ORDERS
`
`(N THE COURT DESIGMATED BELOW THE UNDERSIGNED CERTIFES THAT HEEHE
`ittresets
`HASJUST ANDREASOPASLE GROUNDS TOBELIEVEANDDOES BELIEVE THAT0%
`YEAR
`DAY OF WEEX
`MONTH
`Day
`
`weonespay|04|03_| 2024 | 09:55 in
`
`BAIL FIXED AT $
`OR CASH DEPOSIT OF $
`CYLAR
`LEONARD
`TDWTERENT TRAN ONE ONORIVER DISEISE Wr PERE
`3524 CORAL SPRINGS DR
`
`SIGNATURE OF PERSON GIVING BAIL
`
`>
`
`SIGNATURE OF PERSON TAKING BAIL
`“ mm|e's[oo
`ORNER
`RECEIVED AS REQUIRED BY
`FINE IN THE AMOUNT OF $
`COURT SCHEDULE
`
`
`
`CASE NO.
`
`WARRANT ISSUED
`
`STATE.
`COMMERCIAL VEHICLE
`‘We LOCENSE EXP
`(COL LICEMSE
`aac
`LAia
`Ore
`2032
`Bw
`Ovs
`ru
`SIGNATURE OF CLERK
`cOLOR
`YRVEHICLE
`oe MATERIAL
`STYLE
`
`
`2014| merc|4p|BLac Xl
`WEHICLE LICENSE NO. YEARTAG EXPRES|>0 ssSTATE
`
`
`CONTINUANCE TO
`mesLy [2023
`HVK3514
`UPON A PUBLIC STREET OF HIGHWAY, OR OTHER LOCATION, NAMELY
`CONTINUANCE TO
`REASON
`NW 1 AV/ NW 167 ST
`
`
`
`
`VIOLATOR FAILED TO APPEAR-DRIVER LICENSE SUSPENDED
`
`VIGLATOR ARRAIGNED ON
`
`PLEA:
`
`o EXPIRED DRIVER LICENSE
`oO CHILD RESTRAINT
`1Ess DRIMNG
`oO
`
`onHEDRVER®
`OF TRAFFIC CONTROL DEVICE oO SAFETY BELT VIQLATION
`oO
`FINDING:
`
`
`
`
`VIOLATIONOFTRAF E e Clexeinen oriver License
`
`
`COFAure To stop ATATRAFFIC SIGNAL=([C] IMPROPER OR UNSAFE EQUIPMENT MORE THAN SIX (6) MONTHS
`ADJUDICATION:
`
`
`(CClimpRoPeR LANE CHANGE OR Course©LJ EXPIRED TAG SIX |) MONTHSOR LESS §=©—_[[] NO VALID DRIVER LICENSE
`SENTENCE: FINE «COST,
`
`Cl expireo tac more THAN six (6) MONTHS [] DRIVING WHILE LICENSE
`(no proor oF InsuRANCE
`SUSPENDED OR REVOKED
`JAILED
`___._ DAYS
`Cl meroper passina
`CO wonationoF RIGHT-OF-WAY
`
`(DRIVING UNDER THE INFLUENCE
`oO Passenger Under 18 Yrs
`DRIVER IMPROVEMENT SCHOOL
`BAL
`
`
`REAM
`OTHER VIOLATIONS OR COMMENTS PERTAINING TO OFFENSE:
`OTHER
`
`|QirsDoa
`REGIST EXPIRED LESS THAN 6 MONTHS | Expired Since
`DRIVER LICENSE SUSPENDED OR REVOKED FOR
`
`Cx 0.0
`16/24/2623
`RECOMMEND DRIVER LICENSE SUSPENSION FOR
`
`
`
`
` oO AGGRESSIVE DRIVING IN VIOLATION OF STATE STATUTE
`RECOMMEND RE-TEST.
`ao Kolo.x. FATAL
`
`
`ofTLdves LA no} [] ves x|vesAlnoRis
`(C1) camnatwotaTion. couRT APPEARANCE REQUIRED. AS INDICATED BELOW.
`
`BOND ESTREATED
`
`DAYS
`DAYS
`
`
`
`SIGNATURE OF JUDGE
`
`
`
`TESTIMONY - JUDGE'S NOTES (OR OTHER COURT ORDERS):
`
`
` VIOLATOR'S FINGERPRINT WHEN
`
`APPLICABLE
`
`Aisa
`CONPANION CITATIONNUMBERS]
`
`Ore:
`bs Oo
`
`
`
`E XM) » Ct
`[
`5
`Cn
`Fl ee MILES
`DID UNLAWFULLY COMMIT THE FOLLOWING OFFENSE.GHECK ONLY ONE OFFENSE EACH CITATION,
`( untawrur sreso
`MPH SPEED APPLICABLE
`MPH
`(Co seuoo.zone
`(Clerstare
`(7) construction woRKERS PRESENT)
`SPEED NEASUREMENT DEVICE:
`
`
`
`
`
`
`AFAFIJXE
`
`——
`
`Fi INFRACTION. COURTAPPEARANCEREQUIRED. ASINDICATEDBELOW.
`
`INFRACTION WHICH DOES NOT REQUIRE APPEARANCE IN COURT.
`CIVIL PENALTY IS 5
`COURT INFORMATION
`
`DATE
`
`TINE.
`
`COLAT
`
`LOCATION
`
`ADDITIONAL COMMENTS:
`
`DATE
`ARREST DELIVERED TO
`| AGREE AND PROMISE TO COMPLY AND ANSWER TO THE CHARGES AND INSTRUCTIONS SPECIFIED IN THIS CITATION.
`WILLFUL REFUSAL TO ACCEPT AND SIGN THE CITATION MAY RESULTIN ARREST. | UNDERSTANDMY SIGNATURE
`18 NOT AN ADMISSICN OF GUILT OR WAIVER OF RIGHTS. IF YOU NEED REASONABLE FACILITY ACCOMMODATIONS.
`TO COMPLY WITH THIS CITATION, CONTACT THE CLERK OF COURT.
`
`X SIGNATURE OF VIDLATOR (SIGNATURE IS REQUIRED IF INFRACTION REQUIRES APPEARANCE IN COURT)
`
`PO J. MILFORT
`349
`348
`RANK - NAME OF OFFICER
`BADGE NO.
`TROOP UNIT
`ID. WO.
`Bl i ceRTIFY THs CITATION WAS DELIVERED TO THE PERSONCITED ABOVE AND CERTIFY THE CHARGE ABOVE
`ADDITIONAL OFFICER:
`
`BADGE NO.
`In. WO.
`TROOP UNIT
`|
`
`RANK - NAME OF OFFICER
`HSNIV 75801 (Rev.06/19) |
`
`

`

`PROPERTY RECEIPT
`
`MIAMI-DADE POLICE DEPT..
`
`MIAMEDADE POLICE CASE NO.
`
`oa 5—Iigency Code
`
`Miami, Florida 33172
`(05) 471-2000
`PROPERTY BUREAU LOCATOR CODE
`
`{48
`(Whigs
`
`
`
`DI SCOVERED BY i )
`
`
`
`
`
`
`
`
`
`
`
` FOR PROPERTYAND EVIDENCE BUREAU USE ONLY
`De: Senpe
`LmST
`ADDRESS
`TEL#@
`s ihFea el_
`
`
`
`Ci SAFEKEEPING
`C) PRISONERPROPERTY
`PLUae Log Un © ABANDONEDPROPERTY
`m1) B|yt|
`
`_
`C LAB REQUEST
`0 FINGERPRINT CARD
`C) FORFEITURE/SEE BACK
`Check one if applicable to EVIDENCE only:
`
`
`ITEM|quantity) DESCRIPTION qourrency Only PROPERTY
`
`(Article - Brand - Model - Sorlal No. - Size - Color - Caliber - Barrel - Itemize currency by denomination)|
`NO,
`¢
`ace Value | BUREAU ONLY|
`
`oORAo“CUBRBESTE
`
`| HEREBY ACKNOWLEDGE THAT THE ABOVE LIST REPRESENTS ALl. PROPERTY TAKEN |
`FROM MY POSSESSION AND THAT I HAVE RECEIVED A COPYOF THIS RECEIPT,
`
`| HEREBY AGKNOWLEDGETHAT THE ABOVE LIST REPRESENTS ALL PROPERTY IMPOUNDED
`BY ME IN THE OFFICIAL PERFORMANCEOF DUTY AS A DEPUTY SHERIFF / LAW ENFORCE.
`M
`CER
`
`[ (PRINT AND SIGN)
`
`RECEIVED
`PRINTNAME
`re—————DATEANDTIMERECEIVED
`RECEIVED
`PRINTNAME +sDATEANDTIMERECEIVED
`
`IMPOUNDING OFFICER
`
`x Oper
`RECEIVED
`
`Wy
`
`PRINT NAME
`
`SIGNATURE AND BADGE NO.
`
`DATE AND TIME RECEIVED
`
`RECEIVED
`
`PRINT NAME
`
`DATE AND TIME RECEIVED
`
`RECEIVED
`(Cont'd on back)
`
`A490 AT 2 DoW Ase
`'
`Ei
`
`DATE AND TIME RECEIVED
`
`PRINT NAME
`
`

`

`
`
`
`INCIDENT/INVESTIGATION
`
`2024-0403-26
`North Miami Beach Police Department
`
`REPORT
`Date / Time Reported
`04/03/2024 22:00 Wed
`T|ORI
`Last Known Secure
`2-00 Wed
`FLO131000
`N
`
`
`
`
`GangRelat] Premise Type
`Zone/Grid
`ArFound 04/03/2024
`22:
`£
`Location ofIncident
`c
`
`
`D|16699 NW I AV/NW 167 ST, North Miami Beach|NO __|Highway/road/alley/st 04/03/2024 22:00 Wed
`
`
`E
`Crime Incident(s)
`(Com )| Weapon/ Tools yy
`Activi
`
`
`N|#1 Drug Violation (all Other) Enuy = Seouriy
`
`)
`
`
`Z-Ho-<
`
`
`
`
`#of Victims
`/
`Type: SOCIETY / PUBLIC
`Injury:
`Domestic: N
`
`
`Military
`DOB
`Victim/Business Name(Last, First, Middle)
`Victim 01
`Sex Relationship| Resident Status
`
`V1|STATE OF FL Crime # To Offender Branch/Status
`
`
`
`
`Ll
`Age
`N/A
`
`
`
`
`
`
`
`
`
`
`
`CODES: V- Victim (Denote V2, V3)|WI= Witness RP=Reporting Person (if other than victim)10 = Involved Other
`Type:
`Injury:
`
`
`
`Code|Name(Last, First, Middle) Victim o DOB Relationship] Resident Status] Military
`Crime #
`To Offender
`Brancl/Status
`
`
`
`Agency Name
`
`Case#
`
`Activity
`
`Activl
`
`
`
`
`
`
`Mobile Phone
`
`)
`
`Weapon/ Tools
`
`Weapon/ Tools
`
`Crime Incident
`
`Crime Incident
`
`
`
`
`
`
`DATA
`
`Employer Name/Address
`
`Employer Name/Address
`
`Mobile Phone
`
`
`
`Injury:
`Type:
`
`
`
`Code|Name (Last, First, Middle) Victim o: DOB Relationship] Resident Status} Military
`Crime #
`To Offender
`Branch/Status
`
`
`
`Age
`
`Age
`
`a
`
`
`
`
`e2AMIDAO
`
`
` om<ro<2
`
`
`
`
`
`
`4=Damaged/ Vandalized 5=Recovered 6=Seized 7=Stolen 8 = Unknown
`1=None 2=Burned 3=Counterfeit/ Forged
`oy"
`"OJ"
`= Recovered for Other Jurisdiction
`YicoadBBYELvawwe|or]gry|pt
`
`
`
`#1 Codq Frm/Ta OJ|OTYValue Property Description Make/Model Serial Number
`
`
`
`Pllev|sion)|7|wanuana a
`
`[20[orme|33.0200)|1|casw a
`
`p|[ese| rows]sooo|||207s aac vasa wy
`ReeeeeDeEas
`pL.PEEEEEOOOOOO
`etttTeeeOOOOTO
`Rnee—ST
`yEL|OEEEEEOOOO
`
`
`
`
`
`aP
`
`OEEEEOOSd
`PEEEEEEEEEO
`C—O
`Officer/ID#
`MILFORT, J_
`(510, 348) 349
`Invest ID#
`0
`Complainant Signature
`
`R_CS1IBR
`
`Case Status
`“ba
`Printed By: KFARINI,
`
`04/04/2024
`
`WINCHESTER, A.
`Supervisor
`Case Disposition:
`P
`Sys#: 204148
`
`(510, 320) (297
`Page|
`04/04/2024 14:12
`
`

`

`INCIDENT/INVESTIGATION REPORT
`
`North Miami Beach Police Department
`
`Case # 2024-0403-26
`
`Status
`L=Lost S=Stolen R=Recovered D= Damaged Z=Seized B=Burned C=Counterfeit/ Forged
`F = Found
`Codes
`
`JQuantity|Type Measure Suspected Type Upto 3 types ofactivity
`
`
`
`Assisting Officers
`
`Suspect Hate / Bias Motivated: NONE (NO BIAS)
`
`Narr. (cont.) OCA: 2024-0403-26
`NARRATIVE
`
`INCIDENT/NVESTIGATION REPORT
`North Miami Beach Police Department
`
`On 04/03/2024, while in the area ofNE 2 AV/ NE 167 ST,I observed a black Mercedes bearing NY tag HVK3514 traveling west on NE
`167 ST. NCIC/FCICrecord revealed that the above-mentioned tag has expired since October 24, 2023. Dueto the violationatraffic stop
`was conducted at NW 1 AV/ NW 167 ST.
`
`ARIAS, O. (382), ARIAS, O. (382), RUIZ, J. (259)
`evidence at NMBPD. An NMBPDDeposition and Property Form were completed and submitted.
`
`Contact was made with the driver, Calvin Leonard Cylar, who was the sole occupantofthe vehicle. As this writer was near the vehicle,
`there was a strong smell of marijuana emitting from the vehicle. Cylar stated he was smokingin the vehicle yesterday. This writer then
`searched the vehicle and observed burnt cannabis in the center console. During the search, I located a colorful baggie containing
`marijuana (+/- 7,0 grams) in a black backpack located on the passengerseat. Also, in the backpack, there was cash in different
`denominations wrap-around papers with writing, Cylar was asked how much moneywas in the bag andhestated, "There should be
`$8,000 there". Cylar was then asked where he works, and he advised that he is currently unemployed. Cylar was asked who the money
`belonged to andhestated the money belongedto his wife. It should noted there was a total of $9,309 retrieved from the above-mentioned
`backpack (See Det. Farini Supplement).
`
`Cylar was then placed underarrest and later released upon signing the PTAat the North Miami Beach PD. Cylar was issued a citation for
`the expired tag (AFAFJXE). The vehicle was towed by Downtown Towing.The narcotics and money were impoundedinto property and
`
`eee
`R_CS2IBR
`By: KFARINI, 04/04/2024 14:12
`Page 2
`
`

`

`North Miami Beach Police Department
`
`OCA: 2024-0403-26
`
`Incident Report Suspect List
`
`CYLAR, CALVIN LEONARD
`
`CORAL SPRINGS. FL 33065
`
`
`
`Age Sex|Eth Wet Hair Skin in
`
`
`
`
`42 170|BLK BRO
`Scars,boTattoos,orl*eefeatures
`
`a ll
`
`VehYr/Make/ Model aie Lic Plate/State
`
`Physical Char
`
`Modeof Travel
`
`VIN
`
`a R
`
`_CS&IBR
`
`Printed By: KFARINI,
`
`04/04/2024 14:12
`
`Page 3
`
`

`

`North Miami Beach Police Department
`
`OCA: 2024-0403-26
`
`incident Report Related Vehicle List
`
`VehYr/Make/Model
`2014 MERC, Ls3
`IBR Status
`
`Style
`
`Date
`
`4D
`
`Color
`BLAC
`Location
`
`Lic/Lis /Decal
`HVK3514 NY 2023
`
`
`
` WDDLJ7DB6EA 109343
`
`16699 NW I AV/NW 167 ST, NORTH MIAMI BEACH FL
`04/03/2024
`Towed
`NIC #
`
`Condition Offense Code|JurisdictionValue State #
`
`
`
`
`
`
`
`Name (Last, First, Middle)
`Kelly, Tiffaney Jountae
`
`$0.00
`
`Locally
`
`Also Known As
`
`Home Address
`3524 CORAL SPRINGS DR
`CORAL SPRINGS, FL 33065
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`BOB Race|Sex|HetAge Wat Scars, Marks, Tattoos, or other distinguishing features
`
`
`
`Notes
`
`—R
`
`_CS9IBR
`
`Printed By: KFARINI, 04/04/2024 14:12
`
`Page 4
`
`

`

`North Miami Beach Police Department
`
`OCA: 2024-0403-26
`
`Incident Report Related Property List
`
`1
`
`Property Description
`
`Make
`
`Model
`
`Color
`
`Status
`
`Serial No.
`
`Value
`
`Qty
`
`Unit
`
`Jurisdiction
`
`Date
`
`NIC 4
`
`State #
`
`Local #
`
`
`
`
`CaliberEC
`
`saanane|ace
`
`
`OANPmpvidence|onsenPP
`
`
`homme
`
`Name(Last, First, Middle)
`
`DOB
`
`Age
`
`Race
`
`Color
`
`Status
`
`Serial No.
`
`Value
`
`Qty
`
`Unit
`
`Jurisdiction
`
`Date
`
`NIC #
`
`State #
`
`Local #
`
`OAN
`
`
`
`Caliberfe
`
`
`
`
`omerLoves[8PN
`
`
`RaceNome
`
`Name(Last, First, Middle)
`
`DOB
`
`Age
`
`Notes
`
`59,309 in cash
`
`R_CSOIBR
`
`Printed By: KFARINI,
`
`04/04/2024 14:12
`
`Page 5
`
`

`

`oe
`
`CASE SUPPLEMENTAL REPORT
`
`Printed: 04/04/2024 14:42
`
`THE INFORMATION BELOWIS CONFIDENTIAL - FOR USE BY AUTHORIZED PERSONNEL ONLY
`
`OCA: 2024040326
`
`(295)
`Investigator: FARINI, K.
`Supervisor: RUIZ, J.
`(259)
`
`Contact:
`
`Date/Time: 04/04/2024 12:54:54, Thursday
`Supervisor Review Date / Time: 04/04/2024 12:58:20, Thursday
`
`Reference: Detective Supplement
`
`
`
`On April 3, 2024, this writer (Det. K. Farini) assisted Officer J. Milfort with a Narcotics Investigation referencing
`NMBPDCase # 2024-0403-06. This writer responded to the sceneofthe traffic stop, which was located at NW Ist
`avenue/NW 167th St (North Miami Beach, FL). This writer was briefed on the case and was made aware ofthe
`findings by Officer J. Milfort. Officer Milfort conducteda traffic stop on a black Mercedes Benz, which wasat the
`time bearing an expired registration (State of NY, Tag # HVK3514) and it was occupied by one male individual.
`Officer Milfort advised he smelled an odor of marijuana emitting from the vehicle. Officer Milfort later conducted a
`search of the vehicle yielding a total of 7.0 grams of packaged marijuana, which waslocated inside of a black backpack
`(white Puma Logo), and he also observed burnt cannabislocated in the vehicles center console.
`
`Based on Officer Milfort's findings, the driver was taken into custody due to being in Possession of Cannabis under
`20 grams and was transported to the NMBPDforprocessing. A rotational wrecker was requested for the driver's
`vehicle, An inventory was conducted yielding the following;inside of the driver's back packetit was located a total
`sum of $9,309.00 (US Dollars), the currency was separated into bundles with rubber bands andintodifferent
`denominations. The bundles were divided into 3 days ofillegal narcotics sales, April 1st, April 2nd, and April 3rd, as
`depicting on the top left corner of the ledgers front page. Wrapped on the April Ist bundle of cash, which wereall
`divided between $1, $5, $10, $20, $50 and $100, were a total of $3,210.00 (US Dollars). Wrapped on the April 2nd
`bundle of cash, which were all divided between $10, $20, $50 and $100, were a total of $2,640.00 (US Dollars).
`Wrapped on the April 3rd bundle of cash which were all divided between $1, $5, $10, $20, $50 and $100, wereatotal
`of $3,459.00 (US Dollars). Each ledger contained approximately 23 distinct quantities of marijuana.
`
`Based onthis writer's training and experience, having possession of a drug ledgerindicated a level of organization
`and planning consistent with drug sales operationsto track transactions. Drug transactions often involve the exchange
`of cash in various denominations to accommodatedifferent transaction sizes. It should also be noted that cash
`transactionsin specific are difficult to trace comparedto electronic payments. According to Officer Milfort, the driver
`advised he is currently unemployed andfurther advised the money located belonged to his wife.
`All the evidence was impounded at the NMBPD.Thedriver was identified (FL DLED as being Mr.
`Calvin Leonard Cylar, born on MM currently residing at 3524 Coral Springs Dr, Coral Springs FL 33065.
`
`InvestigatorSignature.
`
`Page |
`
`

`

`EXHIBIT B
`EXHIBIT B
`
`
`
`
`
`
`
`
`

`

`Filing # 197859583 E-Filed 05/08/2024 10:40:46 AM
`
`IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
`CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
`
`CASE NO: 2024-006524-CA-01
`SECTION: CA13
`JUDGE: Tanya Brinkley
`
`IN RE: Forfeiture 9,309.00 U S Currency
`Plaintiff(s)
`vs.
`
`N/A
`Defendant(s)
`____________________________/
`EX-PARTE ORDER FINDING PROBABLE CAUSE FOR SEIZURE
`
`THIS MATTER having come before this Court pursuant to section 932.703(2), Florida
`Statutes within ten (10) business days of seizure of the above-described property by the City of
`North Miami Beach, and the Court having reviewed the sworn affidavits, FINDS:
`
`1.
`
`The Agency applied for the probable cause determination within ten (10) business days
`after the date of the seizure.
`
`2.
`
`The requirements specified in paragraph (l)(a) of section 932.703, Florida Statutes have
`been satisfied based on the fact that two of the following facts exist:
`
` The owner of the property was arrested for a criminal offense that forms the basis for
`determining that the property is a contraband article under section 932.701, Florida
`Statutes; and the property is a monetary instrument.
`
`3.
`
`Probable cause exists to seize the above-described property under the Florida Contraband
`Forfeiture Act.
`
`Therefore, the Court having found that the requirements in section 932.703(1)(a), Florida
`Statutes, were satisfied and that probable cause exists for the seizure, it is ORDERED that the
`property shall be held in conformity with the statute until further order of the Court.
`
`Case No: 2024-006524-CA-01
`
`Page 1 of 2
`
`

`

`DONE and ORDERED in Chambers at Miami-Dade County, Florida on this 8th day of May,
`2024.
`
`2024-006524-CA-01 05-08-2024 10:27 AM
`Hon. Tanya Brinkley
`CIRCUIT COURT JUDGE
`Electronically Signed
`
` 
`
`Final Order as to All Parties SRS #: 12 (Other)
`
`THE COURT DISMISSES THIS CASE AGAINST ANY PARTY NOT LISTED IN THIS
`FINAL ORDER OR PREVIOUS ORDER(S). THIS CASE IS CLOSED AS TO ALL PARTIES.
`
`Electronically Served:
`Cameron Asghar Chuback, cchuback@foxrothschild.com
`John R Herin Jr, jherin@foxrothschild.com
`John R Herin Jr, jpoli@foxrothschild.com
`John R Herin Jr, jmiranda@foxrothschild.com
`Vincent Cortellessa, Esq., VCortellessa@foxrothschild.com
`
` 
`
`Physically Served:
`
`Case No: 2024-006524-CA-01
`
`Page 2 of 2
`
`

`

`EXHIBIT C
`EXHIBIT C
`
`
`
`
`
`
`
`
`

`

`Filing # 196812827 E-Filed 04/23/2024