Chicago Criminal Defense Lawyer Wins Cases
MOTION TO SUPPRESS GRANTED – CLASS X FELONY DRUG SITUATION DISMISSED
When cops enter somebody’s home without a search warrant, the assumption is that such an entrance is prohibited. Under a lot of conditions, any kind of proof seized as a result of that type of entrance will certainly be “suppressed”. That essentially suggests that the instance can not be prosecuted further and will be disregarded said Robert Callahan – Chicago criminal lawyer
In a current situation, the Supreme Court detailed how the Constitution protects every U.S. person from unlawful searches and also seizures. The court stated: “The chief wickedness versus which the Fourth Amendment is guided is physical entrance right into the home.” Click here for more information about criminal attorney Chicago
Our newest dismissal is an archetype of how hefty handed search methods by authorities could in some cases backfire on them. A big amount of cocaine, ecstasy and also marijuana were all ruled inadmissible as a result of a warrantless entry into a home. Call Robert J. Callahan – a federal criminal defense attorney chicago
In 2014 police replied to a sound complaint at an apartment on the north side of Chicago. It was evident that an event was taking place when the officers knocked on the door. When NT addressed the door, policemans could scent a solid odor of shedding marijuana originating from inside. They asked NT to turn the music down, and also he claimed he would promptly. NT then attempted to close the door. Among the police officers stuck his foot in the door, and compelled his method into the apartment. Inside they recouped over 200 ecstasy pills, numerous extra pounds of marijuana, and over 50 grams of cocaine from NT’s pocket.
We submitted a movement to subdue evidence and also the court carried out a hearing in May 2017.
Throughout the hearing, the police officer testified that he never placed his first step. He claimed that after smelling cannabis, he just “poked his head inside” as well as glimpsed down the hall. He claimed he then saw a number of mason containers having marijuana. As a result, he positioned NT under arrest and also searched the apartment or condo.
It is not uncommon for officers to lessen misbehavior or even exist to attempt to legitimize a negative (unconstitutional) arrest. With great preparation, research study, as well as sound cross-examination, we could normally beat such habits, and that’s just what took place below.
The court agreed with our evaluation of the Constitutional law. We argued that even “jabbing your head inside” was a violation versus the 4th amendment and also NT’s rights. The court reduced all the taken evidence and the case was dismissed.