Chicago Criminal Defense Lawyer Wins Cases
MOTION TO REDUCE GRANTED – CLASS X FELONY DRUG Charge DISMISSED
When police enter a person’s residence without a search warrant, the assumption is that such an entrance is illegal. Under the majority of conditions, any type of proof confiscated as a result of that type of entry will be “subdued”. That primarily indicates that the situation can not be prosecuted further and will certainly be disregarded said Robert Callahan – criminal lawyers in chicago
In a recent situation, the Supreme Court outlined how the Constitution safeguards every U.S. citizen from unlawful searches as well as seizures. The court stated: “The chief wickedness versus which the Fourth Amendment is routed is physical entrance right into the house.” Click here for more information about top criminal defense attorney chicago
Our most recent termination is an archetype of how hefty handed search strategies by police could in some cases backfire on them. A large amount of drug, ecstasy as well as marijuana were all ruled inadmissible as a result of a warrantless entrance right into a home. Call Robert J. Callahan – a federal criminal defense attorney chicago
Last year cops responded to a sound grievance at an apartment on the north side of Chicago. It was apparent that an event was taking place when the police officers knocked on the door. When NT responded to the door, police officers could scent a strong smell of burning cannabis coming from inside. They asked NT to transform the songs down, as well as he claimed he would right away. NT after that attempted to close the door. Among the officers stuck his foot in the door, and also required his method right into the apartment or condo. Inside they recovered over 200 ecstasy tablets, numerous extra pounds of cannabis, and also over 50 grams of cocaine from NT’s pocket.
We submitted a motion to suppress proof and the court performed a hearing in May 2017.
Throughout the hearing, the officer testified that he never ever put his means of access. He claimed that after scenting cannabis, he just “jabbed his head inside” as well as gazed down the hall. He asserted he then saw several mason jars consisting of marijuana. Because of this, he placed NT under arrest and also browsed the house.
It is not uncommon for police officers to reduce misconduct or perhaps lie to try to legitimize a negative (unconstitutional) arrest. With good preparation, study, and also sound cross-examination, we can generally beat such behavior, and that’s what happened here.
The court agreed with our evaluation of the Constitutional legislation. We argued that also “poking your head inside” was an infraction versus the 4th change and NT’s civil liberties. The judge suppressed all the seized proof and the case was rejected.