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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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