MOTION TO SUPPRESS GRANTED – CLASS X FELONY NARCOTIC SITUATION REJECTED
When police get in a person’s residence without a search warrant, the anticipation is that such an access is illegal. Under the majority of circumstances, any type of proof seized as a result of that type of entry will be “reduced”. That basically means that the case can not be prosecuted further and will be disregarded said defense lawyers Robert Callahan.
In a recent situation, the Supreme Court described exactly how the Constitution shields every U.S. person from illegal searches as well as seizures. The court specified: “The principal evil against which the Fourth Amendment is directed is physical entry into the home.” Click here for more information about Chicago criminal defense lawyer
Our most current dismissal is an archetype of just how hefty handed search techniques by police could often backfire on them. A large amount of cocaine, euphoria and also cannabis were all ruled inadmissible as a result of a warrantless entry into an apartment. Call Robert J. Callahan – a criminal attorney Chicago
In 2014 cops replied to a sound issue at a home on the north side of Chicago. It was noticeable that a party was taking place when the police officers knocked on the door. When NT answered the door, policemans could smell a strong smell of shedding cannabis coming from inside. They asked NT to transform the music down, and he said he would promptly. NT after that aimed to close the door. Among the policemans stuck his first step, as well as required his method into the home. Inside they recouped over 200 ecstasy tablets, a number of pounds of marijuana, and over 50 grams of cocaine from NT’s pocket.
We submitted a motion to reduce proof and also the court conducted a hearing in May 2017.
Throughout the hearing, the policeman affirmed that he never put his means of access. He said that after smelling marijuana, he simply “jabbed his head inside” as well as glanced down the hall. He asserted he then saw numerous mason jars including cannabis. Because of this, he positioned NT under arrest and looked the house.
It is not uncommon for officers to reduce transgression or even lie to try to legitimize a bad (unconstitutional) apprehension. With good preparation, research study, and also sound cross-examination, we can generally defeat such behavior, and that’s exactly what happened right here.
The judge agreed with our evaluation of the Constitutional law. We suggested that even “poking your head inside” was an infraction versus the 4th amendment and also NT’s civil liberties. The judge suppressed all the seized evidence and the instance was rejected.