FOUNTAIN VALLEY : Marijuana Possession Violated Court Injunction, Judge Rules

An Orange County Superior Court judge ruled Wednesday that a Fountain Valley man violated a court order prohibiting him from possessing illegal drugs at his home, city officials said.

City Atty. Alan R. Burns said that Fountain Valley police officers in March found marijuana in Garrie Culver’s possession, a violation of a court injunction. Culver was also allegedly under the influence of methamphetamines, Burns said, and the district attorney has filed charges against him.

In 1992, Culver was investigated by police after neighborhood complaints and police reports of drug activity at his home on Tulip Court. He was never arrested, but the city took action under the state drug nuisance abatement law, which allows municipalities to obtain an order from the court to prohibit drug dealing in neighborhoods and seek increased penalties from violators.

Burns said the city obtained a broader preliminary injunction that required Culver to post signs on his house stating that his property could not be used for the sale or use of illegal drugs.

The city later allowed Culver to remove the signs in exchange for a permanent injunction that he pay a $1,000 fine to the city and agree not sell or possess drugs on his premises.

Following the March incident, the City Council directed the filing of a contempt action.

“The first priority of any elected official is the safety of the public,” Mayor Guy Carrozzo said. “The council takes all crime and drug activity seriously and acted appropriately to complaints from the neighborhood.”

Culver’s sentencing is set for Oct. 6, Burns said, when he will face a maximum fine of $10,000 and six months in jail.

Culver’s lawyer, Emmett Raitt, said Wednesday that he disagrees with the court’s conclusion that police conducted a valid and legal search.

“We don’t believe the search or arrest was legal,” Raitt said.

Raitt said he is studying whether to challenge the court’s finding that Culver was in violation of the injunction.