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Meth for sale case dismissed

Client was arrested outside his home on an old arrest warrant following an anonymous tip from an informer that client was living in a certain place, drove a certain car and that there were large quantities of meth in client's home.  Officers staked out the residence and arrested client a block away while walking his dog. 

Client refused to consent to the search of his residence and officers, too lazy to obtain a search warrant, literally "gambled" that events would somehow create an "exigency" permitting them to enter the home to "secure" it rather than having to first obtain a search warrant. 

The gamble didn't pay off. 

I filed a detailed motion to suppress, cross examined the very sure of himself narcotics detective with 25 years experience, called my client as a witness at the hearing and argued the motion with courage and conviction against an experienced prosecutor from the DA's Major Narcotics Bureau.  Ruling: Motion to Suppress granted,  The felony possession of meth for sale charges were dismissed.   

Search and seizure law is very complicated and requires, in addition to putting together a strategic plan, very thorough legal research of both federal and state law, a carefull understanding of the facts and the ability to write and argue persuasively.  You don't win every time, but an attorney owes it to his client to raise winning issues forcefully, at the earliest possible time, and give that client a chance to prevail.

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MICHAEL SHULTZ


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MICHAEL L. SHULTZ, ATTORNEY AT LAW

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STATE BAR SINCE DEC 1972
SBN# 054551


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