SE ny FILED Nevada Bar #001565 JESSICA A. WALSH vig we -2 PST Souda ea Distict Atomey * coURT SO'Lewis Avenue sti HEVADA ts Vez =, Nevada 89155-2212 Gn oi: —aEROTY ARE ttomey ie Pleintft JUSTICE COURT, LAS VEGAS TOWNSHIP COUNTY, NEVADA THE STATE OF NEVADA, Plaintiff, vs yicuantracia #0378087 . CASENO: 19M12644X DEPTNO: 2 - Defendant. STATE’S OPPOSITION TO DEFENDANT’S MOTION FOR RETURN OF ILLEGALLY SEIZED PROPERTY DATE OF HEARING: July 3, 2019 TIME OF HEARING: 8:00'AM COMES NOW, the State of Nevada, by STEVEN B. WOLFSON, Clark County District Attomey, through JESSICA A. WALSH, Chief Deputy District Attorney, and hereby submits the attached Points and Authorities in Opposition’ to Defendant's MOTION FOR RETURN OF ILLEGALLY SEIZED PROPERTY. ‘This Opposition is made and based upon all the papers and pleadings on file herein, the attached points and authorities in support hereof, and oral argument at the time of hearing, if deemed necessary by this Honorable Court. Ww Wt Ws omoeee \ ian aeCe rauaen 10 M1 12 13 14 15 16 17 18 19 20 21 2 23 24 25 26 27 28 POINTS AND AUTHORITIES 1. Summary Within Clark County, Nevada, the use, possession, handling, and storage of fireworks is highly regulated. Overall, the generally accepted meaning of 1.4G fireworks is “consumer” fireworks, and 1.3G are “commercial.” Certain types of 1.4G consumer fireworks are lawful for possession, sale, and use for the 4" of July in Clark County; and those carry the label “safe and sane.” These are the kind of fireworks one would purchase at a TNT or Phantom stand in the parking lots of a business to light of in a residtial driveway. They do not explode or shoot an aerial display. Clark County does not consider the remainder of the 1.4G fireworks as safe and sane, rather they have identified them as “dangerous fireworks” within the code. These non-safe and sane/dangerous fireworks are completely prohibited within Clark County, save for those obtaining commercial permits for commercial pyrotechnics display (think of the hotel fireworks show). The bulk of the over 200,000 pounds of fireworks Defendant was storing in this case are not safe and sane, and rather are found on Clark County’s excluded “dangerous firework” list. Given that he was storing dangerous fireworks for distribution and sale, he ‘would not be able to obtain any permit nor is there any other exception in the code for this type of possession and storage of these dangerous/non “safe and sane” 1.4G fireworks. I. Factual Background Defendnat was operating, either alone or in conjunction with various others, a wholesale operation of consumer fireworks sale and storage out of a piece of land in Cal- Nev-Ari, Ultimately, over 200,000 pounds of fireworks were seized as a result of a mult agency investigation into his unlawful possession, storage, and sale of these fireworks. During this mutli-agency investigation, it was determined that the overwhelming majority of the fireworks in Defendant's possession were of the kind that Clark County classifies as “dangerous” and are unlawful to possess; including fireworks such as firecrackers, cherry bombs, M-80’s or M-60’s, bottle rockets, roman candles, as well as other types that shoot into the air and present an aeral display. Defendant does not possess the require local or state 2CowrAuneun 10 1 12, 13 4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 permit for any consumer firework possession and storage, nor was the storage of these fireworks in compliance with all local, state and federal safety regulations, including signage, security, and fire suppression, The location Defendant was operating from could be described as the “amazon warehouse of fireworks,” as the fireworks were organized by type or purchaser, and the boxes were set up with isles to allow for one to access the inventory. Neighbors told investigating officers that trucks are there regularly making deliveries, and when you walk around the property there is an overwhelimg smell of sulfer. Defendant stated to law enforcement that he was a wholesaler of fireworks, and buys direct from China. He indicated that he has done so for over eight years. Defendant stated he had so much inventory because the Indian reservation in Mopapa ordered them but did not have enough room to store them yet as they had plenty of inventory. When officers arrived on scene, there were pallets of fireworks sitting out in the open, unsecure, prepared for a trucking company to pick them up to ship them to a buyer in California, Defendant does not possess the require local or state permit for consumer firework possession and storage, nor was the storage of these fireworks in compliance with all local, state and federal safety regulations, including signage, security, and fire suppression. The initial factual details of this case regarding law enforcements involvement, response, and seizure of the fireworks in this case were documented in the Declaration of Warrant/Summons. It appears that was not initially filed with the Clerk’s Office when the Criminal Complaint was filed, therefore it is attached as Exhibit A, and is incorporated by reference as though it was fully contained herein. ‘The affidavit of Girard Page, a Fire Marshal with the Clark County Department of Building and Fire Prevenion is attached as Exhibit B, and is incorporated by reference as though it was fully contained herein. This affidavit details his involvement in this case as well as an analysis as to the local ordinances and the non compliance thereto, including that the fireworks seized in this case are considered “dangerous fireworks” under Clark County Code and are unlawful.