Chicago Criminal Defense Lawyer Wins Cases
MOTION TO REDUCE GRANTED – CLASS X FELONY DRUG CASE DISMISSED
When police go into a person’s home without a search warrant, the anticipation is that such an access is illegal. Under many circumstances, any evidence seized as a result of that kind of access will be “reduced”. That basically indicates that the situation can not be prosecuted better and will be dismissed said Robert Callahan – criminal attorney
In a recent case, the Supreme Court laid out exactly how the Constitution secures every U.S. citizen from illegal searches and also seizures. The court mentioned: “The chief evil versus which the Fourth Amendment is routed is physical access right into the house.” Click here for more information about top criminal defense attorney chicago
Our newest dismissal is a prime example of just how hefty handed search methods by cops could occasionally backfire on them. A huge amount of drug, ecstasy and also cannabis were all ruled inadmissible as a result of a warrantless entry into a house. Call Robert J. Callahan – a lawyers
In 2015 authorities replied to a noise grievance at an apartment on the north side of Chicago. It was obvious that a party was going on when the policemans knocked on the door. When NT responded to the door, police officers might scent a strong smell of burning marijuana coming from within. They asked NT to transform the music down, and he claimed he would immediately. NT after that tried to close the door. Among the policemans stuck his first step, and required his way into the house. Inside they recovered over 200 ecstasy tablets, a number of extra pounds of marijuana, and also over 50 grams of cocaine from NT’s pocket.
We submitted a movement to reduce proof and the court performed a hearing in May 2017.
During the hearing, the policeman indicated that he never ever placed his foot in the door. He said that after smelling cannabis, he just “poked his head inside” and glanced down the hall. He claimed he after that saw a number of mason jars containing cannabis. Because of this, he put NT under arrest and browsed the house.
It is not unusual for policemans to decrease transgression and even exist to aim to legitimize a negative (unconstitutional) apprehension. With excellent prep work, research study, and sound cross-examination, we could generally defeat such actions, which’s what took place below.
The judge agreed with our analysis of the Constitutional regulation. We said that even “poking your head inside” was an infraction versus the fourth change and NT’s civil liberties. The court subdued all the taken evidence and the situation was dismissed.