MOVEMENT TO SUPPRESS GRANTED – CLASS X FELONY NARCOTIC Charge REJECTED
When authorities go into a person’s home without a search warrant, the presumption is that such an access is illegal. Under the majority of scenarios, any type of evidence seized as a result of that type of entry will certainly be “subdued”. That essentially suggests that the case cannot be prosecuted better and will certainly be rejected said criminal defense lawyers Robert Callahan.
In a current situation, the Supreme Court detailed just how the Constitution safeguards every U.S. citizen from illegal searches and seizures. The court mentioned: “The chief wickedness against which the Fourth Amendment is routed is physical entrance into the house.” Click here for more information about Chicago criminal attorney
Our latest termination is a prime example of just how heavy handed search methods by authorities can sometimes backfire on them. A large quantity of cocaine, euphoria as well as cannabis were all ruled inadmissible as a result of a warrantless entry right into an apartment or condo. Call Robert J. Callahan – a criminal defense Chicago
In 2014 police replied to a noise grievance 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 answered the door, officers could scent a strong smell of shedding cannabis originating from within. They asked NT to turn the music down, as well as he claimed he would quickly. NT then tried to shut the door. One of the officers stuck his means of access, and also compelled his method right into the apartment. Inside they recouped over 200 ecstasy tablets, numerous extra pounds of marijuana, and also over 50 grams of drug from NT’s pocket.
We submitted a motion to suppress proof and also the court performed a hearing in May 2017.
During the hearing, the officer affirmed that he never ever put his foot in the door. He said that after smelling cannabis, he merely “jabbed his head inside” as well as glanced down the hall. He claimed he after that saw numerous mason jars including marijuana. Therefore, he put NT under arrest as well as looked the apartment or condo.
It is not unusual for policemans to reduce misconduct or perhaps lie to aim to legitimize a negative (unconstitutional) apprehension. With great prep work, research study, as well as sound interrogation, we can normally beat such behavior, which’s just what occurred here.
The court agreed with our analysis of the Constitutional legislation. We argued that also “jabbing your head inside” was an infraction versus the fourth change as well as NT’s rights. The judge reduced all the seized evidence and the situation was dismissed.