Mercedes Arcia - Page 6

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          to the property seized on October 25, 1991 (including the $211,886           
          seized from petitioners' residence). In making this claim,                   
          petitioner intended to retrieve not only his own money, but that of          
          Mr. Macias.                                                                  
               On July 15, 1992, the Circuit Court granted petitioners'                
          evidentiary motion to suppress those items seized from their home            
          on the grounds that the search was illegal.                                  
               On September 17, 1992, petitioners filed a Motion to Dismiss            
          Claim of Forfeiture and to Remit Claimants' Property Forthwith,              
          claiming that the City of Miami did not timely file its complaint.           
          On the same day, petitioners filed a Motion for Preservation of              
          Assets, requesting that the City of Miami place the $211,886 in an           
          interest-bearing certificate of deposit held in trust for the                
          benefit of the prevailing party.                                             
               On November 18, 1992, the City of Miami Police Department and           
          petitioner3 entered a Settlement Agreement and Joint Stipulation             
          (the agreement).  In the agreement, petitioner agreed to forfeit to          
          the City of Miami $105,933 of the seized currency, as well as the            
          weapons, scales, and money counters, and the City of Miami agreed            
          to transfer to petitioner $105,933 of the seized currency, as well           
          as the 1990 Nissan 240SX.  The City of Miami further agreed to               
          forgo legal proceedings for forfeiture of petitioners' home.  On             


               3    It is unclear from the record why Mrs. Arcia was not a             
          signatory to the agreement.                                                  




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