Plainsman1963

Port St. Lucie might seize alleged marijuana grow houses
05-25-06 | TCPalm.Com | WILL GREENLEE AND DEREK SIMMONSEN

As police shut down two more alleged marijuana grow houses and made more arrests Tuesday, the city is moving for the first time to seize some of the homes through the courts.

Police Chief John Skinner said there are more than two dozen homes that could be targets for seizure, though the city has not officially begun forfeiture proceedings. The attorney for a homeowner arrested May 9 on Southwest South Danville Circle filed a pre-emptive request for a hearing this week in anticipation of the city attempting to gain the house.

"Crime control isn't just about arresting individuals, it's about hurting the enterprise's proceeds as well," Skinner said. "It's going to require a great deal of civil work from our attorneys, but in the end I think will send out the message that if you play in Port St. Lucie, we will play also."
State law allows cash, vehicles, real estate and other property to be seized if it can be proven they were used in the commission of a felony or were gained through criminal proceeds. Forfeitures of cash and cars are rather common, but house seizures have been rare on the Treasure Coast, officials said.

In real estate forfeitures, it must be proven that the homeowner knew, or should have known, that illegal activity was occurring at the residence, said Assistant State Attorney Lev Evans, who is working on the cases temporarily with police. A new assistant city attorney will take them over in early June, according to City Attorney Roger Orr.

"Any house that's been converted from a home into a pot factory would be fair game," Evans said. "There are safeguards. You can't seize a 50-foot Hatteras yacht based on one rock of cocaine. There has to be a fairness."

Skinner said "most of these homes were strictly being used for the cultivation of marijuana" and in several of the cases, the homeowners were arrested. Police haven't seized alleged pot grow houses in the past, though attempts have been made, Skinner said.

"Because there were liens on some homes, it ultimately ended in an administrative fee, if you will, as opposed to the full seizure," he said. "The city looked at it from a business perspective ... and said, you know what, we'll go back and they'll pay us administrative costs as a result of the pursuit of the home but we didn't get the home entirely."

Skinner said seizing the homes would bring funds to the department's coffers, though there are stipulations on how cash from seized assets can be used. According to Chief Deputy Garry Wilson, the St. Lucie County Sheriff's Office would not attempt to seize two homes raided in Lakewood Park earlier this month.

Two more homes were raided and five suspects were arrested on Tuesday in the latest in a series of about two dozen grow-house raids begun more than two weeks ago. Paperwork recovered from at least one grow house raided on Friday led investigators to a home in the 3800 block of Southwest Chicopee Street, Sgt. Todd Schrader said Wednesday.

Inside, they found four "large grow rooms" and about 100 marijuana plants. An estimated two-thirds of the home had been converted into a pot farm.

Three people — all natives of Cuba — were arrested: Moreira C. Gomez, 36; Geidys Gonzalez, 26; and Rodelis V. Campuzano, 29. None had jobs, Schrader said.

In turn, paperwork at the Chicopee home led investigators to a residence in the 3200 block of Southwest Escarole Street, where police found four alleged grow rooms and about 87 large marijuana plants. Again, about two-thirds of the home allegedly had been converted into a marijuana garden.

Police arrested Reidel V. Campusano, 23, and his girlfriend, Yaniucka A. Socarras, 21 — both natives of Cuba — at the home.

• Law enforcement agencies can seize cash, vehicles, real estate and other items if it can be proven they were used in the commission of a felony or paid for through criminal proceeds. The process is handled in civil court, apart from any criminal cases that exist.

• "The idea of the statute was to further clip the wings of felons by taking away the fruits of their trade," Assistant State Attorney Lev Evans said.

• Agencies typically have 45 days to file a forfeiture notice from the date of seizure, though an extension can be granted. Once a notice of forfeiture is filed, a preliminary hearing is set to find if there is probable cause to believe the property was criminally paid for or used.

• If probable cause is found, a jury trial is set unless the property owner waives that right.

• Many cases settle without going to trial, typically with an owner agreeing to pay money to the agency to drop the forfeiture claim.

• If an agency gains title to a home, it also must take care of any outstanding liens or mortgages. There are restrictions on how the proceeds can be used.