Chicago Criminal Defense Lawyer Wins Cases
MOTION TO SUPPRESS GRANTED – CLASS X FELONY DRUG SITUATION REJECTED
When police get in someone’s residence without a search warrant, the assumption is that such an access is prohibited. Under a lot of circumstances, any evidence seized as a result of that kind of entry will be “subdued”. That primarily indicates that the situation can’t be prosecuted even more and also will be disregarded said Robert Callahan – criminal attorney
In a recent instance, the Supreme Court outlined how the Constitution secures every U.S. resident from unlawful searches and also seizures. The court specified: “The chief evil against which the Fourth Amendment is guided is physical access right into the residence.” Click here for more information about criminal defense lawyer
Our most current termination is an archetype of how heavy handed search tactics by police can often backfire on them. A big quantity of cocaine, ecstasy and also marijuana were all ruled inadmissible as a result of a warrantless entry right into an apartment. Call Robert J. Callahan – a federal criminal defense attorney chicago
Last year police replied to a noise grievance at an apartment on the north side of Chicago. It was obvious that a party was going on when the police officers knocked on the door. When NT answered the door, policemans can scent a strong smell of burning marijuana coming from inside. They asked NT to turn the music down, as well as he stated he would immediately. NT then attempted to close the door. Among the policemans stuck his first step, as well as forced his means right into the apartment or condo. Inside they recouped over 200 euphoria pills, a number of pounds of marijuana, and also over 50 grams of cocaine from NT’s pocket.
We filed a motion to reduce proof as well as the court carried out a hearing in May 2017.
Throughout the hearing, the policeman testified that he never ever placed his first step. He claimed that after smelling marijuana, he simply “jabbed his head inside” and gazed down the hall. He declared he then saw several mason containers having cannabis. Because of this, he placed NT under arrest and also looked the house.
It is not unusual for officers to decrease misbehavior and even lie to attempt to legitimize a bad (unconstitutional) arrest. With great preparation, research, and also sound cross-examination, we could usually defeat such habits, which’s exactly what happened right here.
The judge agreed with our evaluation of the Constitutional law. We argued that also “poking your head inside” was a violation against the 4th amendment and NT’s legal rights. The judge reduced all the taken evidence and the situation was rejected.