MEMORANDUM OPINION

LATCHUM, Senior District Judge.

The United States of America filed a complaint for forfeiture in rem under § 881(a)(7) against the defendant, one parcel of property located at 200 Pennsylvania Avenue. (Docket Item ["D.I."] 1.) Before this Court is the United States' motion for summary judgment on the grounds that probable cause exists under the forfeiture laws and that the claimant, owner of the defendant property, is collaterally estopped from contesting the probable cause. (D.I. 17, 18.)

The claimant owns the defendant property and challenges its forfeiture. (D.I. 1 ¶¶ 3, 4; 8 ¶¶ 3, 4; 19.) The claimant does not challenge the constitutionality or validity of the forfeiture provisions. He does not claim that distribution of cocaine is permitted by Title 21 or that it is punishable for less than a year. He admitted to the unlawful distribution of cocaine in state court and he does not claim that the guilty plea was erroneous or involuntarily made. Rather, the claimant maintains that the Government has not shown a substantial connection between the defendant residence and the criminal activity and, thus, has not shown probable cause to justify the forfeiture of his residence. (D.I. 8 ¶¶ 6, 7.) In other words, the claimant maintains that "probable cause" requires a substantial connection between the property and the criminal activity.

I. FACTUAL BACKGROUND

The New Castle Police Department initiated an investigation based upon information that a white male called "Bly" was dealing drugs out of the defendant residence and a citizen complaint of heavy vehicle and pedestrian traffic in and out of the defendant residence. (D.I. 1, Swift Affidavit ¶¶ 1, 2.) On May 10, 1990 an undercover officer went to the defendant residence, asked the white man called "Bly" who answered the door for a half gram coke, and gave Bly $50.00 in U.S. currency for the drugs. (D.I. 1, Swift Affidavit ¶¶ 4-6; 18 ¶ 6; 19 Ex. A at T-30.) The officer waited in the living room of the defendant residence for between 30 and 45 minutes while Bly left to obtain the order. (D.I. 1, Swift Affidavit ¶¶ 6, 7; 19 Ex. A at T-31, T-32.) Upon Bly's return, the officer accompanied Bly to a bedroom in the defendant residence where Bly poured some of a white powder substance into a clear plastic bag. (D.I. 1, Swift Affidavit ¶ 8; 18 Exs. 1, 5, 6.) The substance field tested positive for cocaine. (D.I. 1, Swift Affidavit ¶ 9.)

On May 11, 1990 the same undercover officer went to the defendant residence. Simultaneously with an unknown white female named "Kooky," the officer indicated that he wanted cocaine and handed U.S. currency to Bly for the drugs. (D.I. 1, Swift Affidavit ¶ 9.) Again, Bly left the defendant residence to obtain the order and asked the officer to follow him to the back bedroom when he returned approximately 35 minutes later. (D.I. 1, Swift Affidavit ¶¶ 9, 10.) Bly poured a white powder substance from a clear plastic bag into an unfolded piece of paper and handed it to Kooky. (D.I. 1, Swift Affidavit ¶ 10.) Bly then repeated the procedure and handed the paper with the white powder substance to the undercover officer. (D.I. 1, Swift Affidavit ¶ 10.) The substance field tested positive for cocaine. (D.I. 1, Swift Affidavit ¶ 10.)

On July 26, 1990, the claimant was arrested for the two sales of cocaine and indicted on two counts of unlawfully delivering a controlled substance, one count of unlawfully possessing a controlled substance, two counts of maintaining a vehicle for unlawfully keeping a controlled substance, and two counts of maintaining a dwelling for the unlawful distribution of a controlled substance. (D.I. 18 Exs. 4, 6; 19 Ex. B.) On October 16, 1990, the claimant plead guilty to one delivery count and one vehicle count. (D.I. 18 Ex. 3; 19 Ex. B.)

II. STANDARD OF REVIEW

Federal Rule of Civil Procedure 56(c) provides that a party is entitled to a summary judgment where "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that the moving party is entitled to a judgment as a matter of law." "A party seeking summary judgment always bears the initial responsibility of informing the Court of the basis for its motion, and identifying those portions of `the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any,' which it believes demonstrate the absence of a genuine issue of material fact." Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986).

Where the nonmoving party opposing summary judgment has the burden of proof at trial on the issue for which summary judgment is sought, he must then make a showing sufficient to establish the existence of an element essential to his case. The nonmoving party is entitled to have all factual issues, and any reasonable inferences therefrom, resolved in its favor. Chipollini v. Spencer Gifts, Inc., 814 F.2d 893, 900 (3d Cir.), cert. dismissed, 483 U.S. 1052, 108 S.Ct. 26, 97 L.Ed.2d 815 (1987); Wilmington Housing Authority v. Pan Builders, Inc., 665 F. Supp. 351, 353 (D.Del. 1987). If the nonmoving party fails to make a sufficient showing on an essential element of his case with respect to which he has the burden of proof, the moving party is entitled to judgment as a matter of law. Celotex Corp. v. Catrett, 477 U.S. at 322-23, 106 S.Ct. at 2552.

The appropriate inquiry is whether there is a need for a trial. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986). "[I]n other words, [are] there any genuine factual issues that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party." Id. Factual disputes that are irrelevant or unnecessary will not be counted. Id. at 248, 106 S.Ct. at 2510. The mere existence of a scintilla of evidence in support of the nonmoving party will not prevent the grant of a motion for summary judgment; there must be enough evidence to enable a jury to reasonably find for the nonmoving party on that issue. Id. at 249, 106 S.Ct. at 2510.

III. DISCUSSION

"The only requirement for a seizure in a forfeiture action is probable cause." United States v. One 1977 Lincoln Mark V Coupe, 643 F.2d 154, 158 (3d Cir.) (citing United States v. Troiano, 365 F.2d 416 (3d Cir. 1966)), cert. denied sub nom Whitby v. United States, 454 U.S. 818, 102 S.Ct. 97, 70 L.Ed.2d 88 (1981) [hereinafter One 1977 Lincoln]. The Government bears the initial burden of showing probable cause, defined as a reasonable ground for belief in guilt. 6109 Grubb Road I, 886 F.2d at 621; One 1977 Lincoln, 643 F.2d at 156. Once the Government has shown probable cause, the burden of proof shifts to the claimant to show, by preponderance of the evidence, that the property was not used in violation of the statute and, thus, it is not subject to forfeiture. United States v. Premises Known as 2639 Meetinghouse Road, 633 F. Supp. 979 (E.D.Pa. 1986); 21 U.S.C. § 881(d) (incorporating procedure in 19 U.S.C. § 1615 (1980 Supp. 1991).

The Government contends that the undercover officer's sworn affidavit and the state narcotics conviction provide a reasonable ground for belief in guilt. Therefore, the Government contends that it has established probable cause to support the forfeiture. The claimant attacks the government's evidence of probable cause, asserting that there is an insufficient nexus between the defendant property and criminal activity because the residence was not indispensable or substantially related to the sale of cocaine at issue. (D.I. 19 at 7-8.) Without probable cause, the claimant argues that the Government is not justified in the proposed forfeiture. (D.I. 8 ¶ 6, 7.)

This Court agrees with the Government that probable cause supports forfeiture of the defendant property and rules that the testimony by the undercover officer, coupled with the deposition and admission evidence, provides conclusive evidence as to where the act in question occurred. Therefore, for the reasons set forth below, this Court concludes that the Government has shown probable cause to support forfeiture as a matter of law.

A. The Government Successfully Shows Probable Cause

The text of the statute, as enacted by Congress, generally controls the Court's analysis. Rubin v. United States, 449 U.S. 424, 430, 101 S.Ct. 698, 701, 66 L.Ed.2d 633 (1981) (where the terms of the statute are unambiguous, judicial inquiry is complete); United States v. Parcel of Real Property Known as 6109 Grubb Road, 890 F.2d 659, 660-61 (3d Cir. 1989) (unambiguous language presumed to express legislative purpose and resort to legislative history not necessary) [hereinafter 6109 Grubb Road II]. The literal construction of a statute will be conclusive, absent clearly expressed legislative intention to the contrary or an absurd result. Bread Political Action Committee v. Federal Election Comm'n., 455 U.S. 577, 580, 102 S.Ct. 1235, 1237, 71 L.Ed.2d 432 (1982); Garcia v. United States, 469 U.S. 70, 75, 105 S.Ct. 479, 482, 83 L.Ed.2d 472 (1984); Singer, 2A SUTHERLAND STATUTORY CONSTRUCTION §§ 45.01; 45.12 (5th ed. 1991). The statute in the present case, in clear and unambiguous language, states that property used, in any manner, to commit or facilitate a drug offense is subject to forfeiture. The language does not require multiple violations of the law, continuing criminal behavior, conviction of the offender, or that the forfeiture be in proportion to the criminal activity. The statute does not give this Court equitable, discretionary powers.

The statute only requires probable cause and the Third Circuit permits forfeiture on probable cause alone. One 1977 Lincoln, 643 F.2d at 157-58 (forfeiture is appropriate whenever the property makes trafficking easier); 6109 Grubb Road I, 886 F.2d at 623 (forfeiture is appropriate when probable cause is shown that the property was used in violation of the laws).

"The determination of probable cause in a forfeiture proceeding simply involves the question whether the information relied on by the government is adequate and sufficiently reliable to warrant the belief by a reasonable person that" the property was used to further the trafficking of illegal narcotics.

To establish probable cause, the Government can use hearsay testimony, activity resulting in a state narcotics conviction, and common sense. 6109 Grubb I, 886 F.2d at 621; One 1977 Lincoln, 643 F.2d at 157 (quoting Brinegar v. United States, 338 U.S. 160, 175, 69 S.Ct. 1302, 1310, 93 L.Ed. 1879 (1949)); United States v. All Right, Title Interest, 901 F.2d 288, 292 (2d Cir. 1990). The Government's supporting evidence "need not meet the standard of proof known as preponderance of the evidence." All Right, Title Interest, 901 F.2d at 291 (quoting United States v. Banco Cafetero Panama, 797 F.2d 1154, 1160 n. 7 (2d Cir. 1986)). "Rather, it must establish `reasonable grounds, rising above the level of mere suspicion, to believe that certain property is subject to forfeiture.'" Id. (quoting One Parcel of Property Located at 15 Black Ledge Drive, 897 F.2d 97, 101 (2d Cir. 1990)).

While this Court agrees that the guilty plea alone does not sufficiently establish probable cause that the defendant residence was used to traffick cocaine, see supra, it establishes unlawful activity on May 10th and 11th of 1990. In addition, the Government offers a sworn affidavit under Rule 56(e), uncontested by the claimant, that the New Castle Police Department received information arousing suspicions of unlawful conduct on the defendant premises and prompting an investigation. (D.I. 18 Ex. 1.) The Government offers a sworn affidavit under Rule 56(e), again uncontested by the claimant, that on May 10th the officer requested a controlled substance, waited in the defendant property until the controlled substance was obtained, and exchanged United States currency for the controlled substance on the defendant property. The Government offers a sworn affidavit under Rule 56(e), and the claimant admits, that on May 10th the delivery of the unlawful controlled substance occurred in a back bedroom of the defendant residence and that the claimant only delivered part of the controlled substance previously obtained.

This Court finds that, as a matter of law, the sentencing order combined with the undercover officer's affidavit creates probable cause that the defendant residence was used to commit a drug offense on May 10th. The government's evidence is adequate and sufficiently reliable to reasonably believe that the property was used to further the trafficking of illegal narcotics. Because the unambiguous language of the statute permits forfeiture based upon a single violation of law, this Court holds that the Government has proven probable cause for forfeiture under the statute and that there is no genuine issue of material fact for the jury.

B. Third Circuit Does Not Impose "Substantial Connection" Requirement

The claimant cites United States v. All Those Certain Lots in Virginia Beach, 657 F. Supp. 1062 (E.D.Va. 1987) to persuade this Court that a "substantial connection" between the defendant property and the criminal activity is required. This Court is not persuaded for three reasons. First, the Fourth Circuit has recognized a split of authority concerning the necessity of a "substantial connection" and has explicitly stated that the Third Circuit has adopted a different, more liberal standard. United States v. Santoro, 866 F.2d 1538, 1541 (4th Cir. 1989).

Second, not only is this Court not bound by the Fourth Circuit's adoption of the "substantial connection" standard, the analysis adopting such a standard is flawed and unpersuasive. The decision in Certain Lots in Virginia Beach rests upon Fourth Circuit precedent involving § 881(a)(4) and the "innocent owner" defense, see United States v. 1966 Beechcraft Aircraft Model King Air A90 etc., 777 F.2d 947 (4th Cir. 1985), neither of which are involved in the present case. Under Third Circuit law, which binds this Court, a "substantial connection" may be relevant to the question of whether an "innocent owner" knew or should have reasonably known about the illegal activity but it is not relevant to probable cause in the first instance.

Even if this Court were to conclude that it is proper to examine the legislative history when the statutory language is clear and unambiguous, see supra, the legislative history relied upon in Certain Lots in Virginia Beach does not impose a "substantial connection" requirement. The legislative history in Certain Lots in Virginia Beach reads as follows:

Under current law, if a person uses a boat or car to transport narcotics or uses equipment to manufacture dangerous drugs, his use of the property renders it subject to civil forfeiture. But if he uses a secluded barn to store tons of marihuana or uses his house as a manufacturing laboratory for amphetamines, there is no provision to subject his real property to civil forfeiture, even though its use was indispensable to the commission of a major drug offense and the prospect of the forfeiture of the property would have been a powerful deterrent.

Three, even under Fourth Circuit law, the actual sale and delivery of a controlled substance constitutes a "substantial connection." 6109 Grubb Road II, 890 F.2d at 663 n. 2 (quoting United States v. Santoro, 866 F.2d at 1542). Imposition of a "substantial connection" requirement creates a distinction without a difference under the facts and circumstances of the present case. Even if a substantial connection were required, it would be satisfied by the government's evidence that drug-related activity occurred on the premises on May 10th.

IV. CONCLUSION

Under § 881, a claimant may escape forfeiture by rebutting the government's evidence of probable cause or proving the innocent owner defense written into the statute. 6109 Grubb Road I, 886 F.2d at 623 (citing United States v. $55,518.05 In U.S. Currency, 728 F.2d 192 (3d Cir. 1984)); All Right, Title Interest, 901 F.2d at 291 (citing United States v. The Premises Real Property at 4492 South Livonia Road, 889 F.2d 1258 (2d Cir. 1989)). Summary judgment is appropriate, based solely upon the government's showing of probable cause, if the claimant cannot raise either defense. All Right, Title Interest, 901 F.2d at 291.

As noted earlier, the claimant is collaterally estopped from asserting the innocent owner defense due to his state narcotics conviction. As for probable cause, the Government has offered overwhelming evidence to support forfeiture but the claimant has not even offered a scintilla of evidence that a drug offense did not occur on the defendant residence on May 10th. Therefore, no genuine issue of material fact exists for a jury to resolve. Summary judgment, as a matter of law, is appropriate in favor of the Government and against the claimant. An order in accordance with this Memorandum Opinion will be entered.