Chicago Criminal Defense Lawyer Wins Cases
MOTION TO REDUCE GRANTED – CLASS X FELONY NARCOTICS Charge REJECTED
When police get in a person’s house without a search warrant, the presumption is that such an access is prohibited. Under many conditions, any proof seized as a result of that type of access will certainly be “reduced”. That essentially implies that the case cannot be prosecuted even more and also will be dismissed said Robert Callahan – Chicago criminal lawyer
In a recent situation, the Supreme Court detailed just how the Constitution secures every U.S. resident from unlawful searches and also seizures. The court specified: “The chief wickedness versus which the Fourth Amendment is guided is physical access right into the home.” Click here for more information about criminal defense attorney Chicago
Our most current dismissal is a prime example of just how heavy handed search strategies by authorities could in some cases backfire on them. A huge amount of cocaine, ecstasy as well as cannabis were all ruled inadmissible as a result of a warrantless access right into a house. Call Robert J. Callahan – a lawyers in Chicago
In 2014 police reacted to a noise problem at a home on the north side of Chicago. It was apparent that an event was going on when the police officers knocked on the door. When NT answered the door, police officers might smell a solid smell of melting marijuana coming from within. They asked NT to turn the music down, and also he stated he would quickly. NT then tried to close the door. One of the policemans stuck his foot in the door, as well as forced his way right into the house. Inside they recouped over 200 ecstasy pills, a number of extra pounds of cannabis, as well as over 50 grams of cocaine from NT’s pocket.
We submitted an activity to subdue proof and also the court conducted a hearing in May 2017.
Throughout the hearing, the policeman indicated that he never ever put his means of access. He stated that after smelling marijuana, he just “poked his head inside” as well as gazed down the hall. He claimed he after that saw several mason jars containing marijuana. Because of this, he put NT under arrest and browsed the house.
It is not uncommon for policemans to reduce transgression and even lie to try to legitimize a negative (unconstitutional) apprehension. With good prep work, study, as well as sound interrogation, we can generally defeat such habits, and that’s what took place here.
The court agreed with our evaluation of the Constitutional legislation. We suggested that also “jabbing your head inside” was a violation versus the fourth modification as well as NT’s civil liberties. The court reduced all the taken evidence and also the situation was dismissed.