MOTION TO SUPPRESS GRANTED – CLASS X FELONY NARCOTICS CASE DISMISSED
June 11, 2017
MOTION TO REDUCE GRANTED – CLASS X FELONY NARCOTICS Charge DISMISSED
When cops get in someone’s residence without a search warrant, the presumption is that such an access is unlawful. Under the majority of conditions, any type of proof seized as a result of that type of access will be “suppressed”. That essentially suggests that the case cannot be prosecuted further as well as will be rejected said criminal lawyers Robert Callahan.
In a current situation, the Supreme Court described just how the Constitution safeguards every U.S. citizen from unlawful searches and also seizures. The court mentioned: “The chief wickedness against which the Fourth Amendment is directed is physical entry into the home.” Click here for more information about Chicago criminal attorneys
Our most recent dismissal is an archetype of how hefty handed search strategies by authorities can often backfire on them. A large amount of drug, ecstasy and also marijuana were all ruled inadmissible as a result of a warrantless entry into a home. Call Robert J. Callahan – a criminal defense attorney Chicago
In 2014 authorities reacted to a sound grievance at a home on the north side of Chicago. It was obvious that a celebration was taking place when the police officers knocked on the door. When NT responded to the door, police officers could smell a strong odor of burning marijuana coming from inside. They asked NT to transform the songs down, and he claimed he would quickly. NT then tried to shut the door. Among the policemans stuck his first step, and also compelled his method into the apartment or condo. Inside they recovered over 200 ecstasy tablets, a number of extra pounds of cannabis, and also over 50 grams of drug from NT’s pocket.
We filed a motion to suppress evidence as well as the court conducted a hearing in May 2017.
During the hearing, the policeman testified that he never put his first step. He stated that after smelling marijuana, he just “poked his head inside” and gazed down the hall. He claimed he then saw a number of mason containers containing marijuana. Because of this, he positioned NT under arrest and browsed the apartment or condo.
It is not unusual for officers to lessen misbehavior or perhaps exist to attempt to legitimize a bad (unconstitutional) apprehension. With good preparation, research study, and also sound cross-examination, we can typically defeat such habits, and that’s exactly what occurred right here.
The judge agreed with our evaluation of the Constitutional legislation. We argued that even “poking your head inside” was an infraction versus the 4th modification and NT’s civil liberties. The judge reduced all the confiscated evidence and the instance was disregarded.