Criminal Defense Attorneys Win big in Chicago
Chicago Criminal Defense Lawyer Wins Cases
MOTION TO SUPPRESS GRANTED – CLASS X FELONY NARCOTICS Charge REJECTED
When police get in somebody’s residence without a search warrant, the presumption is that such an access is prohibited. Under a lot of situations, any type of evidence seized as a result of that sort of access will certainly be “suppressed”. That essentially implies that the case cannot be prosecuted additionally and will be disregarded said Robert Callahan – criminal lawyers in Chicago
In a current situation, the Supreme Court outlined how the Constitution shields every U.S. citizen from illegal searches and seizures. The court specified: “The principal wickedness versus which the Fourth Amendment is directed is physical entrance into the residence.” Click here for more information about criminal defense attorney Chicago
Our most recent termination is a prime example of exactly how hefty handed search strategies by cops could often backfire on them. A big amount of drug, euphoria and marijuana were all ruled inadmissible as a result of a warrantless entry right into a house. Call Robert J. Callahan – a criminal defense attorney
In 2014 authorities responded to a noise issue at an apartment or condo on the north side of Chicago. It was apparent that a celebration was going on when the police officers knocked on the door. When NT addressed the door, officers can smell a solid odor of burning cannabis coming from inside. They asked NT to transform the songs down, as well as he stated he would quickly. NT then aimed to shut the door. One of the policemans stuck his first step, as well as required his way into the house. Inside they recuperated over 200 euphoria pills, a number of pounds of cannabis, and over 50 grams of cocaine from NT’s pocket.
We submitted a motion to subdue proof and also the court performed a hearing in May 2017.
Throughout the hearing, the officer affirmed that he never placed his foot in the door. He said that after scenting cannabis, he simply “jabbed his head inside” and also glanced down the hall. He asserted he after that saw numerous mason containers including cannabis. Because of this, he put NT under arrest and also browsed the home.
It is not unusual for policemans to reduce misbehavior and even lie to try to legitimize a bad (unconstitutional) arrest. With good preparation, research, and audio cross-examination, we can normally defeat such behavior, and that’s exactly what occurred here.
The judge agreed with our analysis of the Constitutional legislation. We said that even “poking your head inside” was an infraction against the fourth change and NT’s civil liberties. The court suppressed all the seized evidence as well as the instance was disregarded.