United States v. One 1992 Ford Mustang Gt.

ORDER GRANTING CLAIMANT’S MOTION TO DISMISS PLAINTIFF’S FORFEITURE ACTION

I. INTRODUCTION

This matter involves the seizures of a 1992 Ford Mustang GT and a 1996 Chevrolet Camaro Z-28 (“defendants”) by plaintiff United States (“plaintiff’ or “government”) from claimant Thomas Kikuchi. Claimant argues that the government violated the 21 U.S.C. § 888 (b) requirement that a notice of factual and legal basis for the seizure be sent at the earliest practicable opportunity. As a remedy, claimant argues that this Court should dismiss this action and order the government to return the subject automobiles. For the following reasons, this Court agrees and hereby dismisses this action and ORDERS the plaintiff to return the two vehicles to claimant Kikuchi, without a bond.

II. FACTUAL AND PROCEDURAL BACKGROUND

On April 8, 1998, the Ventura County Sheriff Department (“VCSD”) served search warrants at numerous locations allegedly involved in marijuana cultivation and distribution. See Terry Decl. at para. 2. In connection with this investigation, the VCSD seized the two vehicles now subject to this civil forfeiture action, and obtained and served search warrants for several bank accounts…