Facts

The Drug Enforcement Administration (DEA) was conducting an investigation on UM22, who was based in Los Angeles County. After DEA agents found out that UM22 was coordinating the distribution of certain drugs in California and then sending remittances to sources in Mexico, they asked a Los Angeles Superior court judge for authorization to intercept all UM22's wire and telephone data which led to Carlos Gomez-Munoz.

With the help of Fontana Police, Gomez-Munoz was stopped in San Dimas. Gomez-Munoz denied having anything illegal inside the vehicle and consented to a search. During the search, the officers noticed that the dashboard had scratch and pry marks. Police then removed the radio and found $76,000 hidden in the dashboard.

The United States government thereafter initiated a civil forfeiture action against the $76,000 currency.

PLAINTIFF'S CONTENTIONS: Plaintiff government contended that defendant $76,000 was used or intended to be used to purchase the drugs and the overwhelming evidence presented supported its contention. For example, claimant Gomez-Munoz's explanations as to his possession of defendant was inconsistent, with his story regarding defendant continually changing as certain facts emerged.

CLAIMANT'S CONTENTIONS: Claimant Gomez-Munoz contended that he was an innocent owner, there was no substantial connection between defendant $76,000 and the purported offense, no probable cause, and that defendant was not subject to seizure and forfeiture. According to claimant, he was using defendant $76,000 to purchase property in Mexico, having obtained defendant through his job as a drywall installer.

Result

The court granted the government's summary judgment motion.