Chicago Criminal Defense Lawyer Wins Cases
MOTION TO REDUCE GRANTED – CLASS X FELONY DRUG SITUATION REJECTED
When authorities enter someone’s residence without a search warrant, the presumption is that such an access is illegal. Under a lot of circumstances, any type of proof seized as a result of that type of entrance will certainly be “subdued”. That basically indicates that the instance can not be prosecuted further and also will certainly be disregarded said Robert Callahan – Chicago criminal lawyer
In a current situation, the Supreme Court outlined how the Constitution protects every U.S. citizen from illegal searches as well as seizures. The court mentioned: “The chief wickedness versus which the Fourth Amendment is guided is physical entrance into the home.” Click here for more information about criminal defense
Our most recent termination is an archetype of just how hefty handed search strategies by cops can in some cases backfire on them. A huge quantity of cocaine, euphoria and cannabis were all ruled inadmissible as a result of a warrantless access right into an apartment or condo. Call Robert J. Callahan – a lawyers
In 2015 authorities reacted to a sound grievance at an apartment or condo on the north side of Chicago. It was apparent that a party was taking place when the policemans knocked on the door. When NT addressed the door, policemans can smell a solid odor of burning cannabis coming from within. They asked NT to turn the music down, and also he said he would instantly. NT after that aimed to shut the door. Among the policemans stuck his first step, and also forced his way into the home. Inside they recouped over 200 euphoria tablets, several extra pounds of marijuana, as well as over 50 grams of drug from NT’s pocket.
We submitted a movement to reduce evidence and the court conducted a hearing in May 2017.
During the hearing, the officer indicated that he never placed his means of access. He claimed that after smelling marijuana, he simply “poked his head inside” and also glanced down the hall. He declared he after that saw several mason containers consisting of marijuana. Consequently, he positioned NT under arrest and searched the apartment or condo.
It is not uncommon for police officers to reduce transgression and even exist to try to legitimize a negative (unconstitutional) arrest. With excellent prep work, research, as well as sound interrogation, we can usually defeat such actions, and that’s exactly what happened right here.
The judge agreed with our analysis of the Constitutional regulation. We suggested that also “jabbing your head inside” was a violation versus the 4th modification and NT’s civil liberties. The judge reduced all the seized proof and also the instance was rejected.