Chicago Criminal Defense Lawyer Wins Cases
MOVEMENT TO REDUCE GRANTED – CLASS X FELONY DRUGS Charge DISMISSED
When police enter someone’s home without a search warrant, the presumption is that such an entry is unlawful. Under a lot of conditions, any proof took as a result of that type of entrance will be “suppressed”. That basically suggests that the case can’t be prosecuted additionally as well as will certainly be disregarded said Robert Callahan – federal criminal defense attorney Chicago
In a current instance, the Supreme Court described how the Constitution protects every U.S. citizen from illegal searches as well as seizures. The court stated: “The chief wickedness against which the Fourth Amendment is directed is physical access right into the house.” Click here for more information about criminal attorney Chicago
Our most recent dismissal is a prime example of just how heavy handed search strategies by authorities can often backfire on them. A huge amount of cocaine, ecstasy and also marijuana were all ruled inadmissible as a result of a warrantless access right into a house. Call Robert J. Callahan – a lawyers
In 2014 cops replied to a sound problem at a house on the north side of Chicago. It was evident that a celebration was going on when the officers knocked on the door. When NT addressed the door, policemans could smell a solid odor of burning marijuana coming from inside. They asked NT to turn the music down, and he said he would immediately. NT after that aimed to shut the door. One of the officers stuck his foot in the door, and also forced his method into the apartment or condo. Inside they recovered over 200 ecstasy pills, a number of pounds of cannabis, and also over 50 grams of cocaine from NT’s pocket.
We filed a motion to subdue proof and also the court performed a hearing in May 2017.
During the hearing, the policeman testified that he never put his means of access. He claimed that after scenting cannabis, he merely “poked his head inside” as well as gazed down the hall. He claimed he after that saw numerous mason containers consisting of cannabis. Consequently, he put NT under arrest and also browsed the home.
It is not unusual for policemans to decrease misbehavior or even lie to attempt to legitimize a negative (unconstitutional) apprehension. With great preparation, research, and audio interrogation, we can usually beat such behavior, which’s what occurred right here.
The judge agreed with our evaluation of the Constitutional law. We argued that even “jabbing your head inside” was a violation versus the fourth amendment and NT’s legal rights. The court subdued all the seized evidence and the instance was disregarded.