Superior Court of San Francisco
Client was charged with possession for sale of Oxycontin and being a felon in possession of a firearm. Client had 4 prior convictions that resulted in prison terms. Client faced certain time in state prison. The defense focused on the fact that the client had a legitimate prescription for 120 Oxycontin per month as he was confined to a wheelchair after being shot 6 times. The defense also focused on the search warrant that was served on the client's home in Marin County where a firearm, photos of the client using a firearm at a pistol range and over $13,000.00 in cash were seized. At the preliminary exam the investigating police officers contradicted each other in their testimony regarding an alleged "controlled buy" of one pill by an informant from the defendant. One officer testified that the informant was under observation from the time he met with the defendant until he met with the officers. The other officer testified that he could not say if the informant was kept under surveillance the entire time. Both officers again contradicted each other as to how a storage locker in the garage of defendant's home in Marin County was searched during service of the warrant. The defense filed a motion to dismiss the charges based upon a lack of jurisdiction over the firearm as no evidence was produced that linked the firearm with any criminal activity in San Francisco. In addition, a motion to suppress all of the evidence seized at the client's home due to lack of probable cause for the warrant and that the search of the storage locker had exceeded the scope of the warrant was filed. After review of the defense motions the district attorney dismissed all charges.