Chicago Criminal Defense Lawyer Wins Cases
MOVEMENT TO REDUCE GRANTED – CLASS X FELONY DRUGS Charge DISMISSED
When cops go into a person’s residence without a search warrant, the presumption is that such an entry is illegal. Under many situations, any proof took as a result of that sort of entry will be “suppressed”. That basically suggests that the case can’t be prosecuted additionally and also will certainly be rejected said Robert Callahan – attorney Chicago IL
In a recent case, the Supreme Court laid out exactly how the Constitution safeguards every U.S. citizen from illegal searches and seizures. The court specified: “The principal evil versus which the Fourth Amendment is routed is physical entrance right into the house.” Click here for more information about criminal defense lawyer
Our most recent dismissal is a prime example of just how heavy handed search techniques by police could sometimes backfire on them. A big quantity of cocaine, ecstasy as well as cannabis were all ruled inadmissible as a result of a warrantless entrance right into a house. Call Robert J. Callahan – a lawyers in Chicago
In 2015 police responded to a noise problem at a house on the north side of Chicago. It was evident that a party was taking place when the policemans knocked on the door. When NT addressed the door, police officers might smell a strong smell of shedding cannabis originating from inside. They asked NT to transform the music down, and he claimed he would immediately. NT then attempted to shut the door. One of the officers stuck his first step, and also required his means into the apartment. Inside they recuperated over 200 ecstasy pills, numerous extra pounds of cannabis, and also over 50 grams of cocaine from NT’s pocket.
We submitted a movement to reduce evidence and the court performed a hearing in May 2017.
During the hearing, the police officer testified that he never placed his first step. He said that after smelling marijuana, he merely “poked his head inside” as well as gazed down the hall. He asserted he then saw several mason jars including cannabis. Because of this, he placed NT under arrest and also searched the apartment or condo.
It is not unusual for police officers to minimize misconduct or even exist to aim to legitimize a bad (unconstitutional) apprehension. With excellent prep work, study, and also sound cross-examination, we could normally defeat such habits, and that’s exactly what happened here.
The court agreed with our evaluation of the Constitutional law. We said that also “jabbing your head inside” was an offense versus the fourth change as well as NT’s rights. The judge subdued all the confiscated proof as well as the instance was dismissed.