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State v. M.J.S., Tulsa County

Case Conclusion Date: 03.12.2012

Practice Area: Criminal Defense

Outcome: Case Dismissed.

Description: Mr. Henson’s client was accused of importing Methylone from China. In fact, Customs and Border Protection in San Francisco, California had intercepted 10 pounds of alleged Methylone from China that was addressed to the client’s home address in Tulsa. Customs and Border Protection contacted the Department of Homeland Security, the Drug Enforcement Administration, the U.S. Postal Inspector, and the Tulsa County Sheriff’s Office about the 10 pounds of Methylone. The federal and state agencies agreed to cooperate with one and other and they began conducting surveillance on the client. After a period of time, Customs sent the Methylone to Tulsa so it could ultimately be delivered to the client and once he accepted delivery, he could be arrested for Manufacturing a Controlled Drug or Possession of a Controlled Drug With Intent to Distribute. The federal and state agencies obtained a state search warrant for the client’s house and arranged for a controlled delivery of the Methylone. An agent from the office of the U.S. Postal Inspector posed as a FedEx delivery person and delivered the 10 pounds of Methylone to the client’s residence, while Homeland Security, the DEA, and Tulsa County Sheriff’s Deputies waited around the corner. Once the delivery was made, law enforcement stormed the house and executed the search warrant. The federal and state agents seized the 10 pounds of Methylone, 1,500 Xanax pills, a $25,000 pill and capsule manufacturing machine, pill bottles, a pistol, ammunition, $63,000 in cash, scales, credit card machines, computers, iPhones, two automobiles, and numerous other items of evidentiary value. Once inside the house, the agents applied for, and were granted, 5 additional search warrants for the client’s place of business, his storage unit, and his computers. The client was taken into custody and interrogated extensively. During the course of the investigation, the police arrested the client’s mother in an effort to coerce him to cooperate. In order to keep his mother from being charged, the client gave a long and detailed confession to the police. The client was charged with Manufacturing a Controlled Drug, Possession of a Firearm While in Commission of a Felony, Possession of Drug Paraphernalia, and was facing up to life in prison. Mr. Henson got involved in the case immediately after the client posted a bond to get out of jail, and after extensively interviewing the client and his mother, began his own investigation into the case. Mr. Henson discovered serious flaws in the government’s case, and that the initial search warrant was defective. He went to work attacking the proof. Mr. Henson filed a Motion to Suppress the Evidence and Statements in the case. At a suppression hearing, the judge agreed with Mr. Henson that the search warrant was defective and ALL of the evidence in the case was suppressed, including the 10 pounds of Methylone, the 1,500 Xanax pills, and the firearm. Since the original search warrant was defective, the subsequent 5 warrants were also found to be invalid, and the client’s confession was thrown out as well. Without any evidence, the case was dismissed and the client’s property was returned to him!

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