Chicago Defense Lawyers Get Another Victory for Client
July 22, 2017
Chicago Criminal Defense Lawyer Wins Cases
MOTION TO REDUCE GRANTED – CLASS X FELONY NARCOTICS SITUATION DISMISSED
When cops get in somebody’s home without a search warrant, the presumption is that such an access is unlawful. Under most circumstances, any kind of proof confiscated as a result of that sort of entrance will certainly be “reduced”. That primarily means that the instance cannot be prosecuted additionally and also will be rejected said Robert Callahan – criminal attorney
In a current situation, the Supreme Court described just how the Constitution protects every U.S. resident from illegal searches as well as seizures. The court mentioned: “The principal evil against which the Fourth Amendment is directed is physical access right into the home.” Click here for more information about top criminal defense attorney chicago
Our newest dismissal is a prime example of just how hefty handed search methods by authorities can occasionally backfire on them. A big quantity of cocaine, ecstasy as well as marijuana were all ruled inadmissible as a result of a warrantless entrance right into a house. Call Robert J. Callahan – a Chicago lawyer
In 2015 authorities replied to a sound complaint at a home on the north side of Chicago. It was noticeable that a party was going on when the police officers knocked on the door. When NT answered the door, policemans can smell a solid odor of melting cannabis coming from inside. They asked NT to turn the music down, and he stated he would quickly. NT after that aimed to close the door. One of the officers stuck his means of access, and also forced his way right into the apartment. Inside they recovered over 200 ecstasy pills, several extra pounds of marijuana, and also over 50 grams of cocaine from NT’s pocket.
We submitted a motion to reduce proof as well as the court carried out a hearing in May 2017.
Throughout the hearing, the officer affirmed that he never put his means of access. He claimed that after scenting marijuana, he merely “jabbed his head inside” as well as gazed down the hall. He asserted he then saw several mason jars having cannabis. As a result, he placed NT under arrest as well as looked the home.
It is not uncommon for police officers to minimize misbehavior or even exist to attempt to legitimize a negative (unconstitutional) arrest. With good preparation, research, as well as sound interrogation, we can typically beat such actions, and that’s what happened below.
The court agreed with our evaluation of the Constitutional legislation. We suggested that even “poking your head inside” was an offense against the fourth change and NT’s rights. The judge subdued all the seized evidence and the case was disregarded.