U.S. v. Real Prop. In Santa Paula

• Decision Date: 25 January 2011
• Docket Number: Case No. CV 05–08217 MMM (VBKx).
• Citation: 763 F.Supp.2d 1175
• Court: U.S. District Court — Central District of California
• Parties: UNITED STATES of America, Plaintiff,v.REAL PROPERTY IN SANTA PAULA, CALIFORNIA, Defendant.

763 F.Supp.2d 1175

UNITED STATES of America, Plaintiff,

v.REAL PROPERTY IN SANTA PAULA, CALIFORNIA, Defendant.

Case No. CV 05–08217 MMM (VBKx).

United States District Court, C.D. California.

Jan. 25, 2011.

Frank D. Kortum, AUSA–Office of U.S. Attorney, Los Angeles, CA, for Plaintiff.

ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

MARGARET M. MORROW, District Judge.

On November 18, 2005, the United States of America filed this action in rem against defendant Real Property in Santa Paula, California.¹ The complaint states a single claim for forfeiture under 21 U.S.C. § 881(a)(7). ² On March 14, 2007, the court stayed the case pending resolution of a related criminal matter.³ On July 28, 2010, the stay was lifted and the case reopened.⁴ On December 17, 2010, plaintiff filed a motion for summary judgment.⁵ Defendant opposes the motion.⁶

I. FACTUAL BACKGROUND

The defendant property is comprised of a residential house with five or six outbuildings along the driveway leading to the house.⁷ It also includes an orchard of approximately one hundred apricot trees between the house and the outbuildings,⁸ and a wooded hillside that is essentially deserted and non-productive.⁹ There are three water tanks located at the top of the hillside, which provide water to the residence, and three additional water tanks located halfway down the hill, at the bottom of the hill, and next to the house.¹⁰

In May 2005, the Ventura County Sheriff's Department received information from a citizen informant about an outdoor marijuana grow on the property.¹¹ The informant stated that the outdoor grow was in a makeshift building with metal siding and a white canvas cover on top, which shielded the grow from aerial view.¹² The grow was approximately ten feet in width by fifty feet in length, and was visible from the adjacent property.¹³

In August 2005, Detective Lisa Panza obtained permission to enter the neighboring property, and was able to observe the outdoor marijuana grow described by the anonymous caller.¹⁴ Panza conducted further investigation and learned that John F. Griffiths (“Griffiths”) owned the defendant property and resided there with his son, Jonathan Griffiths (“Jonathan”).¹⁵

On September 1, 2005, based on the information that had been obtained, Detective Panza obtained a search warrant for the primary residence and for a modular home approximately seventy-five yards east of the residence; both structures are located on the defendant property. Prior to serving the search warrant, detectives conducted surveillance of the defendant property to confirm that marijuana plants were present.¹⁶ A Ventura Sheriff's helicopter hovered over the defendant property for about five minutes. ¹⁷ Approximately three minutes after the helicopter left the area, Jonathan came out of the primary residence and rode an ATV to the grow site. He began to harvest the marijuana and continued to do so until he was approached and arrested by Detective Eddie Reyes.¹⁸ During their search of the outdoor grow site, detectives seized approximately 202 mature marijuana plants.¹⁹

Detectives also found a sign on the outside of the makeshift dwelling that read, “Smile, you're on camera! Alarm is Sounding!” ²⁰ and saw a closed circuit television camera security system, which appeared to be monitoring the grow site.²¹ The electrical power sources for the grow site and the security system were both routed back to the primary residence. ²² In his declaration, Griffiths asserts that he installed the camera to monitor his mailboxes after neighbors reported problems with mail theft. He contends that the unit at no time worked properly after its installation in 2003,²³ and that he has never seen viewable images on the monitor. ²⁴

Detectives entered the primary residence and did a protective sweep to secure the area.²⁵ During this sweep, detectives found an indoor marijuana greenhouse in an upstairs bedroom.²⁶ The indoor grow room was across the hall from Griffiths' bedroom.²⁷

The following items were seized from in and around the primary residence: (1) outside the residence, an alarm wire from the outdoor grow that led to the house; (2) in the living room in front of the fireplace, a television monitor that allegedly displayed the outdoor grow; (3) inside a cabinet in the living room next to the front door, a clear plastic bag containing approximately eighteen grams of processed marijuana; (4) on Griffiths' desk in his bedroom, a box of documents labeled “John Griffiths” that included two receipts from Foothill Hydroponics, a retailer of equipment and chemicals used for indoor plant growth; ²⁸ (5) in Griffiths' bedroom, $400 in U.S. currency in a briefcase and $1,000 in U.S. currency in a floor safe; (6) six electrical ballasts, used to balance electrical fuses and make grow-lights last longer; ²⁹ (7) in the grow room, high energy lamps with several high wattage bulbs, used to help marijuana grow; ³⁰ (8) on the hallway floor between Griffiths' bedroom and the marijuana grow room, a carbon dioxide generator, used to oxygenate plants in an indoor grow; (9) in the indoor grow room, two electrical cycle timers that automatically turned on the lights and ventilation system; and (10) in the primary residence, two shotguns, six rifles, and three handguns.³¹ Upon clearing the primary residence, Detective Panza noticed a strong odor of marijuana plants in the hallway. ³²

The modular home for which a warrant was obtained was located in front of the primary residence such that anyone going to the primary residence had to drive past the modular home.³³ In the modular home, which had four rooms, a hallway, and a bathroom, detectives found a hydroponic marijuana grow. ³⁴ A total of 92 marijuana plants, ranging in size from three inches to four feet in height, were found throughout the modular home, except in the bathroom and living room.³⁵ Chemicals used for growing plants without soil were found on the floor throughout the modular home. The living room contained numerous items used for the cultivation and growth of marijuana, such as nutrients, bulbs, tubs, water, and chemicals.³⁶

Indoor marijuana grow operations commonly use bright lighting from metal halide, high pressure sodium, or fluorescent bulbs.³⁷ The lights are used for prolonged periods and consume substantial electricity because of their high wattage.³⁸ Electricity at the defendant property is provided by Southern California Edison (SCE).³⁹ The SCE account is in Griffiths' name and lists the addresses of the primary residence and modular home. SCE records reflect that between May 15, 2004 and September 23, 2005, Griffiths' combined electrical use for the primary residence and the modular home was as follows:

During the search of the primary residence on September 1, 2005, an electrical bill bearing Griffiths' name was found in the box of documents in Griffiths' bedroom, together with the hydroponics bill and other personal papers belonging to Griffiths.⁴⁰ SCE reports that bills for normal electrical usage at houses in the same area during the same period averaged between $77.85 and $95.05 per month.⁴¹

Griffiths asserts that when he purchased the property, he asked why the electrical bills were so high.⁴² The former owner told him that the water pumps on the property ran on electricity and that, unless disconnected, Griffiths could “expect at least a five-hundred ... a month water bill.” ⁴³ He reports that, prior to 2005, a faulty valve on one of the tanks at the top of the hill caused two pumps to operate almost continually. ⁴⁴

At his deposition, Griffiths testified that he “spent a lot of time away from the property.” ⁴⁵ In his declaration, Griffiths explains that he is a deep water engineer, who specializes in federal contracts for deep water vessel modifications, and that he travels frequently to the Caribbean, Louisiana, and San Francisco for work.⁴⁶ As a result, Griffiths maintains, Jonathan has, since Griffiths' purchase of the defendant property, “basically ... been taking care of” it.⁴⁷

During discovery, however, Griffiths produced a calendar and schedule showing that he was present at the defendant property for significant periods while marijuana cultivation, which is a labor-intensive activity,⁴⁸ was underway there.⁴⁹ Plaintiff contends that, when he was present, Griffiths engaged in agricultural activities that required him to be outdoors, such as harvesting apricots in the orchards located on the property; ⁵⁰ Griffiths disputes this, and asserts that Jonathan was primarily responsible for apricot cultivation.⁵¹

Griffiths is aware of his son's prior conviction for attempting to smuggle “lots of marijuana” into the United States from Canada.⁵² Griffiths has smoked marijuana, but not for thirty years.⁵³ About two weeks before the execution of the search warrant, Griffiths noticed that Jonathan was growing plants in the room in the primary residence where the indoor grow operation was subsequently found, and that the plants were surrounded by “light fixtures.” He testified that, although he could not discern whether the plants were “marijuana or a fig tree,” he told Jonathan to remove the plants because he “guess[ed]” and “had to assume” they were marijuana.⁵⁴ After telling Jonathan to remove the plants, Griffiths took no follow-up action despite his supposition that the plants were marijuana.⁵⁵

The day after his conversation with Jonathan, Griffiths left on a trip to San Francisco; upon his return, he checked Jonathan's bedroom and the plants were gone, although some electrical “stuff still appeared to be out in the hallway on the floor.” ⁵⁶

Between 2002 and August 2005, Griffiths consistently made cash deposits to CBC Federal Credit Union account that averaged $2,000 per month; at his deposition, Griffiths could not recall the source of many of the deposits.⁵⁷ Griffiths explained that he derived income in part from selling cars and other vehicles, and in part from renting the...