Court of Appeals Holds against ABC in finding that Rule 141
Must be applied in all cases.
Court of Appeals holds that Rule 141 requires dismissal by the
ABC in all decoy cases prosecuted without the required
face-to-face identification.
Stephen Warren Solomon and Ralph Barat Saltsman succeeded in
persuading the Court of Appeal to construe Rule 141 to be applied
precisely as it is written in Acapulco Restaurant, Inc, v. ABC
Appeals board. The court found that in all police decoy cases,
Rule 141 requires that the decoy subject to a face-to-face
identification. Without such identification, the ABC has no choice
but to dismiss the accusation. The ABC previously refused to
dismiss such cases.
Solomon, Saltsman & Jamieson has won an extraordinary
number of police decoy cases on this basis alone since this
ruling.
Solomon Saltsman & Jamieson are attorneys
practicing in the areas of ABC law, ABC Appeals Board cases, and
all related Land Use Matters such as City and County Conditional
Land Use Permits, Variances, Police and Fire Permits,
Entertainment Law, Gaming Law, as well as Personal Injury
litigation. Solomon Saltsman & Jamieson can be contacted at
800-405-4222.
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