Eleazar C. Flores, Jr. - Page 5




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          suspicious and requested petitioner's consent to search the                  
          vehicle, a request agreed to by petitioner.                                  
               A visual examination of petitioner's pickup truck led Officer           
          Ramirez to believe that the truck's spare tire had been altered.             
          As a result, Officer Ramirez asked petitioner to follow him to a             
          nearby DPS building so that a more intensive search could be                 
          undertaken.  Again, petitioner complied.  At the DPS station, a              
          border patrol canine conducted a search of petitioner's truck and            
          “alerted” the officers to the spare tire.  After petitioner                  
          provided the key for the padlock, the officers removed the spare             
          tire from its bracket and discovered the money.  Petitioner told             
          Officer Ramirez that he did not know how the money got into the              
          spare tire.                                                                  
               Before leaving the DPS station, petitioner and his two                  
          passengers (Mr. Waller and Ms. Miller) each executed a Waiver of             
          Citation, Interest, and Release, disclaiming any interest in the             
          $99,880. On November 14, 1993, petitioner again disavowed any                
          ownership interest in the $99,880, and provided a voluntary written          
          statement to investigators concerning the existence of Abel and the          
          circumstances surrounding the receipt of the money.  Petitioner              
          was neither arrested nor charged in connection with possessing               
          stolen currency. Abel has never been located or identified by DPS            
          authorities.  No one has claimed the money.  The $99,880 was                 
          eventually forfeited as contraband to the State of Texas.                    





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