Chicago Criminal Defense Lawyer Wins Cases
MOTION TO REDUCE GRANTED – CLASS X FELONY NARCOTICS Charge DISMISSED
When police go into somebody’s home without a search warrant, the presumption is that such an access is prohibited. Under a lot of conditions, any proof seized as a result of that kind of entry will be “subdued”. That basically implies that the situation can’t be prosecuted additionally and also will certainly be rejected said Robert Callahan – attorney Chicago IL
In a recent instance, the Supreme Court described how the Constitution shields every U.S. citizen from unlawful searches and also seizures. The court mentioned: “The principal wickedness against which the Fourth Amendment is guided is physical entry right into the home.” Click here for more information about top criminal defense attorney chicago
Our newest termination is an archetype of exactly how heavy handed search techniques by authorities could in some cases backfire on them. A big amount of drug, euphoria and also marijuana were all ruled inadmissible as a result of a warrantless entry into an apartment. Call Robert J. Callahan – a federal criminal defense attorney chicago
Last year police reacted to a noise complaint at an apartment on the north side of Chicago. It was noticeable that a party was taking place when the police officers knocked on the door. When NT answered the door, policemans might scent a solid odor of melting cannabis originating from within. They asked NT to turn the songs down, and he claimed he would promptly. NT after that aimed to shut the door. Among the policemans stuck his foot in the door, and compelled his means into the house. Inside they recouped over 200 ecstasy pills, several pounds of cannabis, as well as over 50 grams of cocaine from NT’s pocket.
We filed an activity to reduce proof as well as the court conducted a hearing in May 2017.
During the hearing, the police officer indicated that he never ever put his first step. He claimed that after scenting marijuana, he simply “poked his head inside” and gazed down the hall. He claimed he then saw several mason jars consisting of marijuana. Because of this, he placed NT under arrest as well as looked the house.
It is not uncommon for policemans to minimize misbehavior and even lie to try to legitimize a bad (unconstitutional) arrest. With good preparation, study, and also audio interrogation, we could generally beat such behavior, which’s what happened right here.
The judge agreed with our evaluation of the Constitutional legislation. We suggested that also “poking your head inside” was an infraction versus the fourth change as well as NT’s civil liberties. The court reduced all the seized proof and the instance was rejected.
