Dispute Between Vacaville Police and Residents Could Lead To Confiscation of Cash
A Vacaville couple argues that they earned the $6,000 in cash police found while searching their residence by selling a car. Vacaville police say it came from illicit marijuana sales. Whether the money is to be confiscated will be discussed during a case management conference at Solano County Superior Court on September 23.
Vacaville police say they suspected Kenneth Moynahan, 48, and Michelle Moynahan, 50, illegally grew marijuana in their home for sale. In a report about a search of the Moynahan’s residence on July 25, 2013, Vacaville Police stated Moynahan had declared bankruptcy and was $1 million in debt, although he did make $10,000 a month as a tortilla delivery driver.
The couple was observed entering several Vallejo marijuana dispensaries in June, 2013. Mr. Moynahan did positively identify a $2,000 receipt found by police during the search, saying it came from selling a half-pound of marijuana to a cooperative he said he belonged to. According to the police report, a detective and an officer said they explained to Mr. Moynahan that though he belonged to the co-op he could not legally sell pot to it for profit.
Mr. and Mrs. Moynahan are currently charged with felony marijuana cultivation and felony possession of marijuana for sale. Their attorney, Omar Figueroa, has legally challenged the charges. He said the Moynahans had to guess if their conduct in regard to selling pot was illegal, given California’s confusing marijuana laws. Figueroa’s challenge will be heard September 24 in Solano County Superior Court.
Daily Republic: Vacaville couple, police dispute source of cash found at home