Chicago Criminal Defense Lawyer Wins Cases
MOTION TO SUPPRESS GRANTED – CLASS X FELONY DRUGS CASE REJECTED
When police enter a person’s home without a search warrant, the presumption is that such an entrance is prohibited. Under many scenarios, any kind of evidence confiscated as a result of that kind of access will certainly be “subdued”. That primarily means that the case can not be prosecuted better as well as will certainly be rejected said Robert Callahan – criminal attorney
In a recent instance, the Supreme Court described exactly how the Constitution shields every U.S. citizen from unlawful searches and also seizures. The court specified: “The principal wickedness versus which the Fourth Amendment is routed is physical entry right into the house.” Click here for more information about criminal defense attorney Chicago
Our latest termination is a prime example of exactly how hefty handed search tactics by cops could occasionally backfire on them. A big amount of cocaine, 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 cops responded to a noise issue at an apartment on the north side of Chicago. It was apparent that an event was going on when the policemans knocked on the door. When NT answered the door, policemans could smell a solid odor of burning marijuana originating from within. They asked NT to turn the songs down, as well as he said he would quickly. NT after that tried to shut the door. One of the policemans stuck his first step, and forced his method into the house. Inside they recouped over 200 euphoria pills, a number of extra pounds of marijuana, and also over 50 grams of cocaine from NT’s pocket.
We submitted a motion to suppress evidence and also the court conducted a hearing in May 2017.
Throughout the hearing, the officer indicated that he never placed his means of access. He claimed that after scenting cannabis, he merely “poked his head inside” and also glimpsed down the hall. He asserted he after that saw several mason jars containing cannabis. Therefore, he placed NT under arrest and also browsed the apartment or condo.
It is not unusual for officers to decrease misbehavior and even lie to aim to legitimize a bad (unconstitutional) apprehension. With excellent preparation, research study, as well as audio interrogation, we can normally defeat such actions, and that’s just what happened right here.
The court agreed with our evaluation of the Constitutional regulation. We argued that even “poking your head inside” was a violation against the 4th modification and also NT’s legal rights. The court subdued all the seized proof and the instance was dismissed.