United States v. $639,470.00 U.S. Currency

SECOND AMENDED ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AS TO CLAIMANT SERGIO RAMIREZ AND DENYING CLAIMANT’S MOTIONS TO DISMISS, FOR JUDGMENT ON THE PLEADINGS, TO SUPPRESS, AND FOR RETURN OF PROPERTY

This is a civil in rem forfeiture action brought by the United States against a vehi- *1408 ele and an amount of U.S. currency. Claimant Sergio Ramirez has filed claims to both defendants. Plaintiff has filed motions for leave to amend its complaint to correct a typographical error 1 and for summary judgment Claimant has filed motions to dismiss the complaint for lack of jurisdiction, for return of seized property, for judgment on the pleadings, and to suppress evidence. The Court has considered the parties’ submissions, and concludes that it must grant plaintiffs motion for summary judgment. The Court will address the parties’ arguments on each of the issues bearing on this conclusion.

I. BACKGROUND

On March 7,1995 claimant Sergio Ramirez was convicted of conspiracy to transport or possess narcotics in violation of Cal.Penal Code § 182.1 and Cal.Health and Safety Code §§ 11851 and 11352, and possession of more than $100,000 involved in the unlawful sale or purchase…