MOTION TO SUPPRESS GRANTED – CASE DISMISSED – PCS
The Defendant was charged with Possession of a Controlled Substance a Class 4 Felony. If convicted the Defendant was facing 1-3 years in prison. In this case Chicago Police Officers received a tip that the Defendant was selling drugs on a street corner. The police officers relocated to the corner and stopped and searched the Defendant and recovered heroin. The Defendant who had numerous previous drug convictions was unlikely to receive probation and was not interested in spending three years in prison. The Defendant hired Chicago Criminal Defense Attorney Michael P. Schmiege.
Upon reviewing the file, speaking with the Defendant and viewing the location of arrest Mr. Schmiege believed that the manner in which they stopped and searched the Defendant was illegal and in violation of the Defendants Fourth Amendment rights that prohibit unreasonable searches and seizures. The United States Constitution provides that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Believing that his clients rights were violated Mr. Schmiege filed a Motion to Suppress Evidence. A suppression hearing was held where the arresting officers and the Defendant testified concerning the circumstances of the arrest. After the hearing Mr. Schmiege argued to the judge that the arresting officers did not have probable cause to search and seize the Defendant and granted the motion and suppressed the evidence. With the evidence suppress the State no choice but to dismiss the charge.
Contact Chicago Criminal Defense Lawyer Michael P. Schmiege if you have been arrested and charged with a drug offense and believe that you arrest occurred as the result of an illegal search and seizure.