Case Conclusion Date:September 21, 2010
Practice Area:Criminal Defense
Outcome:CASE DISMISSED - Motion Granted
Description:The Defendant was charged with Possession of a Controlled Substance with Intent to Deliver and Possession of Cannabis with Intent to Deliver in violation of 720 ILCS 550/5(d). In this case members of a Chicago Police Department Narcotics task force allegedly received information the Defendant was dealing drugs. The Chicago Police officers armed with that information set up surveillance on the Defendant when they observed the Defendant exit his residence, shove a plastic bag containing an object into his waistband and get in his car and drive off. The Chicago Police officers stopped the Defendant and ordered him out of his vehicle and recovered from his person a large amount of cannabis. The Defendant then signed consent to search his residence where the police found a large amount of cocaine. The Defendant was charged with a Class 1 Felony and if found guilty was looking at 4-15 years in prison. Mr. Schmiege believed that the Defendants constitutional rights had been violated and the stop of the Defendant was illegal so they filed a Motion to Quash Arrest and Suppress Evidence. The Judge agreed that the stop was illegal, without probable cause and violative The Fourth Amendment of the United States Constitution which protects you from unreasonable search and seizure. The evidence was suppressed and the case was DISMISSED.