ORDER AND LIS PENDENS

DAVID C. KEESLER, Magistrate Judge.

WHEREAS, the United States of America, by and through Brian K. Nicholson Officer, Charlotte Mecklenburg Police Department has presented an affidavit to the Court alleging that the above-captioned property constitutes or is derived from proceeds traceable to violations of 21 U.S.C. §§ 841 and 846;

WHEREAS, the Court, having reviewed the affidavit, finds that there is probable cause to believe that the property constitutes or is derived from proceeds traceable to violations of 21 U.S.C. §§ 841 and 846;

WHEREAS, upon this finding of probable cause, the property may be subject forfeiture to the United States pursuant to 21 U.S.C. §§ 853(a)(1) and/or (a)(2) and 21 U.S.C. § 881(a)(7), and the government is entitled to record a lis pendens to give public notice of the government's forfeiture interest and potential civil and/or criminal forfeiture claim against the property;

THEREFORE, the United States is directed forthwith to file this Order and Lis Pendens with the appropriate state or local public depository; and

ALL WHO READ THIS ORDER AND LIS PENDENS TAKE NOTICE that the property may be subject to forfeiture to the United States in a present or future criminal or civil in rem action before this Court, and any person who has a question as to this action should contact:

TO THE RECORDER OF THIS INSTRUMENT: MAIL ANY AND ALL RECORDED COPIES TO THE UNITED STATES ATTORNEY FOR THE WESTERN DISTRICT OF NORTH CAROLINA AT THE ABOVE ADDRESS.

AFFIDAVIT IN SUPPORT OF APPLICATION FOR LIS PENDENS

I, Officer Brian K. Nicholson, being duly sworn, declare under penalty of perjury that the following is true and correct to the best of my knowledge and information:

INTRODUCTION

1. I am the Response Area 1 Community Coordinator for the Freedom Division of the Charlotte Mecklenburg Police Department (CMPD). My duties include, but are not limited to, general patrol of assigned area, community engagement and an all-around go between with the community and the police department.

2. I have been employed with CMPD and assigned to the Freedom Division since December of 1992.

3. I have also served in various special capacities, including 2 years in the multi-jurisdictional Violent Crimes Task Force which included CMPD, ATF, USSS et al. and 2 years on CMPD's SWAT team.

4. On a routine basis, I work closely with CMPD Street Crimes, CRU (Crime Reduction Unit) and other units dedicated to drugs and gangs within CMPD.

5. My personal case experience includes a range of cases from street-level drug dealing, surveillance, execution of search warrants to the prosecution of Federal gun and drug cases.

6. Since 2010, I have participated in numerous investigations, including those involving narcotics trafficking, violent crime, gang units, fraud, narcotics and money laundering. These investigations, and the financial investigations associated with them, have led to the seizure and forfeiture of assets.

7. The information contained in this Affidavit is based on my personal knowledge of this investigation, information relayed to me by other law enforcement personnel, review of financial documentation, and cooperating source interviews. The facts relayed in this Affidavit do not reflect all the information known to me or other law enforcement personnel, but instead are intended to supply information sufficient to show probable cause for Seizure Warrants for funds in the listed accounts.

8. I make this Affidavit in support of an Applications for a Lis Pendens as to 4422 Roadway Street ("Roadway")

DRUG TRAFFICKING AND CRIMINAL ACTIVITY AT 4422 ROADWAY STREET

9. 4422 Roadway Street is a single-family home owned by Robert Hudson.

10. Hudson purchased the property on January 16, 2014 for $15,000.00.

11. Currently, Hudson operates the property as a boardinghouse, despite lacking proper permissions from the City of Charlotte. See Exhibit A, Photographs from January 2018 City of Charlotte Inspection of 4422 Roadway Street.

12. 4422 Roadway is a high-traffic property and requires constant attention from CMPD Officers. See Exhibit B, Freedom Cost Report.

13. Owner Robert Hudson has failed to take any necessary steps to prevent the use of his property as facilitating property of the drug trafficking and criminal activity as described herein.

14. Facilitating property is defined in the case law to mean any property that "makes the prohibited conduct less difficult or more or less free from obstruction or hindrance." United States v. Schifferli, 895 F.2d 987, 990 (4th Cir. 1990) (Facilitation occurs when the property "make[s] the prohibited conduct less difficult or more or less free from obstruction or hindrance."); United States v. Bornfield, 145 F.3d 1123, 1135 (10th Cir. 1998) (citing Schifferli); United States v. Puche, 350 F.3d 1137, 1153 (11th Cir. 2003) (citing Bornfield)).

15. Specifically, Hudson has failed to inspect his property, United States v. Real Property in Santa Paula, 763 F.Supp.2d 1175 (C.D. Cal.2011), failed to alert law enforcement, United States v. All Right . . . 35-37 East Broadway, 2013 WL 4006073, *4 (S.D.N.Y. Aug 6, 2013) and failed to undertake any conduct to make the drug trafficking and criminal activity less difficult. See United States v. 6 Fox Street, 480 F.3d 38 (1st Cir. 1989)(forfeiture of rental property where marijuana was grown in the basement); U.S. v. One Parcel . . . 7715 Besty Bruce Lane, 906 F.2d 110, 114 (4th Cir. 1990)(forfeiture of real property where police found cocaine, drug paraphernalia, cash, and records of drug sales; and United States v. One Parcel . . . Plat 20, Lot 17, 960 F.2d 200, 205 (1st Cir. 1992)(forfeiture of land used to grow marijuana, even if personal use).

16. In addition to criminal activity and drug trafficking (discussed herein), Officers have responded to domestic issues including, crimes against children.

17. On April 25, 2015, CMPD Officers responded to a call arising from a 3 month old found with a broken arm. The Officers did not find significant evidence of abuse but noted that the child was affected with "Rickets" (calcium deficiency) and that two adults and 3 children lived in a single room within the property. See Exhibit C.

18. On February 10, 2016, CMPD Officers responded to a call arising from suspicion of gun activity. Upon arrival, Officers discovered a stolen U-Haul vehicle located at property and began to investigate. While searching the property, Officers identified a person of Interest. The subject immediately departed the property and, shortly thereafter, Officers performed a traffic stop and searched vehicle. The search uncovered 49.5 grams of marijuana, a Glock, scales and baggies. See Exhibit D.

19. On May 2, 2016, CMPD Officer responded to a service call for an attempted rape. Officers identified the assailant as Lamont Hudson — the brother of the property's owner, Robert Hudson. The victim was a "resident" of the boardinghouse. Hudson was convicted of breaking and entering and two counts of attempted rape. The investigation also revealed the presence marijuana and crack cocaine at the residence. See Exhibit E.

20. On July 7, 2017, a male subject was shot at 4422 Roadway Street. Upon responding to the service call, CMPD Officers executed a search warrant of the property and discovered ammunition and marijuana. CMPD's investigation revealed that boardinghouse residents were actively involved in a street gang. The Officers discovered that a vehicle approached the residence and residents inside began exchanging gunfire with the subjects in the vehicle. See Exhibit F.

21. On September 22, 2017, Officers arrested a resident of the boardinghouse on a delinquent Order for Arrest and found 3.9 grams of marijuana in his possession at 4422 Roadway Street. See Exhibit G.

22. On November 22, 2017, CMPD Officers responded to a drive-by-shooting and aggravated assault at 4422 Roadway Street. The CMPD investigation revealed that the shooting was related to drug trafficking by residents of the boardinghouse. A resident was wounded and a church located directly behind the property was harmed sustaining significant property damage. See Exhibit H.

23. On November 30, 2017, CMPD's ongoing investigation into drug trafficking at 4422 Roadway led to the execution of search warrant as to Rooms 1 and 6. The search led to the discovery of 2 grams of marijuana, multiple counterfeit $100 bill, scales with cocaine residue, baggies, 1.8 grams of crack, small amounts of cocaine, illegal prescription drugs, U.S. currency, ammunition, and a firearm. Two residents of the boardinghouse were arrested. The investigation also revealed that the residence facilitates drug deals and is a known home to several drug dealers that live and "work" at the property. See Exhibit I.

24. On December 3, 2017, CMPD Officers responded to a service call for assault with a deadly weapon. The victim was found with a gunshot wound to neck and pronounced deceased at the scene. Upon information and belief, the victim was wounded near the home and moved away from the home to prevent Officers from intruding on the property. Allegedly no residents witnessed the murder. CMPD's investigation is ongoing. See Exhibit J.

25. On December 5, 2017, CMPD Officers responded to a service call for aggravated assault. CMPD's investigation revealed that a resident was walking to her vehicle and was targeted by gunshots from an unknown assailant. The investigation also uncovered almost 1 gram of crack cocaine in her room within the boardinghouse. See Exhibit K.

26. On January 6, 2018, CMPD responded to a service call and upon engaging with a vehicle parked in front of 4422 Roadway St. discovered a firearm and 1.6 grams of marijuana. See Exhibit L.

CONCLUSION

13. Based on the foregoing facts, your Affiant submits that there is probable cause for forfeiture of the real property. Therefore, based on the foregoing, your Affiant requests a Lis Pendens in the form submitted herewith.

Brian K. Nicholson Officer, Charlotte Mecklenburg Police Department Sworn to and subscribed to before me: