Chicago Criminal Defense Lawyer Wins Cases
MOVEMENT TO REDUCE GRANTED – CLASS X FELONY DRUG Charge REJECTED
When police go into somebody’s home without a search warrant, the presumption is that such an entrance is unlawful. Under many conditions, any kind of evidence took as a result of that kind of access will be “subdued”. That basically implies that the case cannot be prosecuted additionally as well as will certainly be dismissed said Robert Callahan – Chicago criminal lawyer
In a current situation, the Supreme Court described exactly how the Constitution protects every U.S. person from illegal searches and seizures. The court specified: “The chief evil 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 termination is a prime example of just how hefty handed search techniques by cops could often backfire on them. A huge amount of cocaine, euphoria and also marijuana were all ruled inadmissible as a result of a warrantless entry right into a house. Call Robert J. Callahan – a Chicago lawyer
In 2014 cops reacted to a sound complaint at a home on the north side of Chicago. It was apparent that a party was going on when the police officers knocked on the door. When NT addressed the door, officers could smell a strong smell of burning cannabis coming from inside. They asked NT to transform the music down, and he claimed he would immediately. NT then aimed to close the door. Among the police officers stuck his first step, and also forced his way into the home. Inside they recovered over 200 euphoria pills, a number of extra pounds of cannabis, and over 50 grams of cocaine from NT’s pocket.
We submitted a motion to reduce proof as well as the court conducted a hearing in May 2017.
Throughout the hearing, the officer indicated that he never put his means of access. He said that after smelling marijuana, he simply “jabbed his head inside” and also gazed down the hall. He declared he after that saw several mason containers consisting of cannabis. As a result, he positioned NT under arrest and also browsed the apartment or condo.
It is not uncommon for policemans to minimize transgression and even lie to try to legitimize a bad (unconstitutional) arrest. With great prep work, research, as well as audio cross-examination, we could generally beat such habits, which’s just what took place right here.
The judge agreed with our evaluation of the Constitutional legislation. We argued that even “poking your head inside” was an infraction against the 4th amendment and also NT’s rights. The judge reduced all the confiscated evidence and the situation was disregarded.