MOTION TO REDUCE GRANTED – CLASS X FELONY NARCOTIC CASE DISMISSED
When authorities go into a person’s home without a search warrant, the anticipation is that such an access is unlawful. Under most conditions, any kind of proof seized as a result of that type of entrance will be “suppressed”. That generally means that the case can’t be prosecuted even more and also will be rejected said defense lawyers Robert Callahan.
In a recent instance, the Supreme Court outlined just how the Constitution shields every U.S. resident from illegal searches as well as seizures. The court mentioned: “The principal evil versus which the Fourth Amendment is directed is physical entrance into the home.” Click here for more information about Chicago criminal attorneys
Our most current dismissal is an archetype of exactly how heavy handed search strategies by police could sometimes backfire on them. A big amount of drug, ecstasy and cannabis were all ruled inadmissible as a result of a warrantless entry right into an apartment. Call Robert J. Callahan – a criminal attorney Chicago
Last year authorities reacted to a noise complaint at an apartment or condo on the north side of Chicago. It was apparent that an event was going on when the policemans knocked on the door. When NT addressed the door, policemans might smell a strong smell of burning marijuana originating from within. They asked NT to turn the songs down, and also he stated he would instantly. NT after that attempted to shut the door. One of the officers stuck his foot in the door, as well as forced his method into the house. Inside they recouped over 200 euphoria tablets, numerous pounds of marijuana, as well as over 50 grams of drug from NT’s pocket.
We submitted an activity to reduce proof and the court carried out a hearing in May 2017.
Throughout the hearing, the officer testified that he never put his means of access. He stated that after scenting marijuana, he just “jabbed his head inside” and glimpsed down the hall. He claimed he then saw a number of mason containers having marijuana. As a result, he put NT under arrest and browsed the home.
It is not uncommon for police officers to minimize misconduct and even exist to try to legitimize a bad (unconstitutional) arrest. With great prep work, research, and audio cross-examination, we could generally defeat such actions, and that’s just what took place right here.
The judge agreed with our evaluation of the Constitutional law. We argued that also “poking your head inside” was an infraction against the 4th amendment and NT’s civil liberties. The court reduced all the confiscated evidence as well as the situation was disregarded.