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MOORHEAD, Minn. (KFGO-AM) - A suspected drug dealer is getting his Corvette and nearly $10,000 in cash back -- and police and prosecutors aren't happy about it.
Thomas Schultz of Fargo was pulled over by Moorhead police in June for reckless driving. The car was impounded because Schultz didn't have a valid license, or insurance. Police later found 4-and-a-half pounds of marijuana in the car.
Clay County attorney Brian Melton says a judge dismissed the case because of a state supreme court ruling and a new law that bans forfeitures before a conviction. “And so because of that statute and because of that change, we’re required by law to give back Mr. Schultz his $9,928 in drug money and give him back his blue Chevy Corvette.”
Moorhead Police Chief Dave Ebinger said “I do regret that the charges are being dropped. It was unfortunate. There were plenty of reasons to search the vehicle. The subsequent discovery of a large amount of marijuana and a large amount of cash inside the vehicle certainly indicated that this subject was in possession of a felony amount for the purpose of sale.”
In a letter to Schultz, Melton wrote "I would imagine as a drug dealer, you are enjoying these decisions immensely. I look forward to continuing to prosecute you." Three more drug charges are pending against Schultz, including a charge of selling marijuana in a school zone.
Schultz's attorney, Mark Beauchene, says there was no justification for the search of his client's vehicle. Beauchene says the search was unconstitutional.