Chicago Criminal Defense Lawyer Wins Cases
MOTION TO SUPPRESS GRANTED – CLASS X FELONY NARCOTIC Charge DISMISSED
When authorities get in someone’s home without a search warrant, the anticipation is that such an entrance is unlawful. Under the majority of situations, any kind of proof took as a result of that sort of access will be “reduced”. That generally implies that the instance can’t be prosecuted even more as well as will certainly be dismissed said Robert Callahan – Chicago criminal lawyer
In a recent case, the Supreme Court described exactly how the Constitution shields every U.S. citizen from unlawful searches and seizures. The court mentioned: “The principal evil versus which the Fourth Amendment is guided is physical entrance into the residence.” Click here for more information about best criminal defense attorney illinois
Our most recent dismissal is a prime example of how heavy handed search techniques by cops could in some cases backfire on them. A big amount of cocaine, ecstasy and cannabis were all ruled inadmissible as a result of a warrantless access into a home. Call Robert J. Callahan – a criminal defense attorney
In 2015 cops replied to a noise grievance at an apartment on the north side of Chicago. It was obvious that a celebration was taking place when the policemans knocked on the door. When NT responded to the door, police officers might scent a strong odor of burning marijuana coming from within. They asked NT to transform the music down, and also he claimed he would quickly. NT then aimed to close the door. One of the police officers stuck his means of access, and also compelled his means into the house. Inside they recouped over 200 ecstasy pills, several pounds of marijuana, and also over 50 grams of drug from NT’s pocket.
We filed a motion to subdue proof as well as the court carried out a hearing in May 2017.
During the hearing, the officer testified that he never ever placed his first step. He claimed that after scenting marijuana, he merely “jabbed his head inside” and glimpsed down the hall. He asserted he then saw a number of mason containers having cannabis. Consequently, he placed NT under arrest and looked the house.
It is not uncommon for police officers to lessen misconduct or even lie to aim to legitimize a bad (unconstitutional) arrest. With good prep work, research, and also audio interrogation, we could generally beat such actions, and that’s exactly what happened right here.
The court agreed with our analysis of the Constitutional law. We said that even “poking your head inside” was an infraction against the 4th amendment and NT’s civil liberties. The judge reduced all the taken evidence as well as the situation was disregarded.