Cocaine Sales

Defendant was the target of a DEA Investigation which included surveillance and wiretaps. The DEA listened in and watched as a mid-level cocaine dealer negotiated with Defendant to purchase a kilo of cocaine. The dealer drove to Defendant’s home and exited carrying the kilo (in a shopping bag). The DEA busted the dealer and found the shopping bag with the cocaine inside.

The California wiretap law is very stringent and more restrictive than the federal wiretap laws. Additionally, it is very specific as to what the DA must provide the Defense before litigation. Rich went through all of the search warrant affidavits and realized the DEA had not followed California law appropriately. Additionally, the DA did not provide all it was supposed to before the preliminary hearing. At the prelim, Rich objected to all of the wiretap evidence coming in as the California law had not been followed. The judge agreed and the evidence was excluded. The DA then dismissed the case.