Chicago Criminal Defense Lawyer Wins Cases
MOTION TO REDUCE GRANTED – CLASS X FELONY NARCOTICS Charge DISMISSED
When authorities get in a person’s house without a search warrant, the presumption is that such an access is unlawful. Under the majority of situations, any type of proof seized as a result of that type of entry will certainly be “reduced”. That basically implies that the instance can’t be prosecuted better as well as will certainly be rejected said Robert Callahan – criminal lawyers in Chicago
In a recent instance, the Supreme Court detailed how the Constitution secures every U.S. resident from unlawful searches and seizures. The court stated: “The chief wickedness against which the Fourth Amendment is directed is physical entrance into the home.” Click here for more information about criminal defense attorney Chicago
Our most recent dismissal is an archetype of how heavy handed search strategies by cops could sometimes backfire on them. A huge quantity of drug, euphoria as well as marijuana were all ruled inadmissible as a result of a warrantless entrance into an apartment or condo. Call Robert J. Callahan – a lawyers
In 2014 authorities responded to a sound grievance at a house on the north side of Chicago. It was noticeable that an event was going on when the officers knocked on the door. When NT answered the door, officers might scent a solid smell of melting marijuana originating from inside. They asked NT to transform the music down, as well as he stated he would immediately. NT then tried to shut the door. One of the police officers stuck his first step, and required his way right into the home. Inside they recovered over 200 ecstasy pills, several pounds of cannabis, as well as over 50 grams of drug from NT’s pocket.
We submitted a motion to suppress proof and the court performed a hearing in May 2017.
During the hearing, the police officer indicated that he never placed his first step. He said that after scenting marijuana, he merely “poked his head inside” and also gazed down the hall. He asserted he then saw a number of mason jars consisting of cannabis. Therefore, he put NT under arrest and also searched the house.
It is not uncommon for police officers to lessen transgression or even exist to attempt to legitimize a bad (unconstitutional) arrest. With great preparation, study, as well as sound cross-examination, we can usually beat such actions, which’s exactly what happened right here.
The judge agreed with our evaluation of the Constitutional law. We suggested that even “jabbing your head inside” was an offense against the fourth change and also NT’s rights. The judge suppressed all the taken evidence and the case was dismissed.