MOVEMENT TO REDUCE GRANTED – CLASS X FELONY NARCOTICS Charge REJECTED
When police go into someone’s home without a search warrant, the presumption is that such an entrance is illegal. Under many scenarios, any evidence confiscated as a result of that kind of access will be “reduced”. That generally suggests that the case can not be prosecuted further and will certainly be disregarded said criminal defense attorney Robert Callahan.
In a current case, the Supreme Court described exactly how the Constitution shields every U.S. resident from illegal searches and seizures. The court stated: “The principal wickedness versus which the Fourth Amendment is routed is physical access into the home.” Click here for more information about Chicago criminal attorneys
Our most current dismissal is an archetype of just how heavy handed search techniques by police could sometimes backfire on them. A big amount of cocaine, euphoria and marijuana were all ruled inadmissible as a result of a warrantless entrance into an apartment. Call Robert J. Callahan – a criminal defense attorney Chicago
In 2015 authorities reacted to a sound issue at an apartment or condo on the north side of Chicago. It was obvious that a celebration was going on when the police officers knocked on the door. When NT addressed the door, policemans might smell a strong smell of shedding cannabis originating from within. They asked NT to turn the music down, as well as he claimed he would promptly. NT after that attempted to close the door. One of the policemans stuck his first step, as well as forced his means right into the house. Inside they recuperated over 200 ecstasy tablets, numerous pounds of cannabis, and also over 50 grams of drug from NT’s pocket.
We filed a motion to reduce evidence and the court performed a hearing in May 2017.
During the hearing, the policeman affirmed that he never placed his means of access. He stated that after smelling cannabis, he just “poked his head inside” as well as glimpsed down the hall. He asserted he after that saw numerous mason containers consisting of marijuana. Consequently, he placed NT under arrest and looked the house.
It is not uncommon for officers to minimize transgression and even exist to try to legitimize a poor (unconstitutional) arrest. With good prep work, study, and sound interrogation, we can usually defeat such habits, which’s exactly what took place here.
The court agreed with our evaluation of the Constitutional law. We suggested that even “jabbing your head inside” was an infraction against the 4th modification and also NT’s legal rights. The court subdued all the taken evidence as well as the case was disregarded.