Case Conclusion Date: 10.12.2010
Practice Area: Criminal Defense
Outcome: CASE DISMISSED - Motion Granted
Description: The Defendant was charged with numerous counts of Cruelty to Animals a Class A misdemeanor with a possible penalty of up to a year in jail. In that case the Chicago Police had received a complaint of a foul smell coming from an apartment. The police went to that apartment and forced their way in and found numerous animals in deplorable conditions. The Defendant was arrested and hired Mr. Schmiege. The Defendant maintained her innocence and actually had taken numerous animals off the street and was helping them to recover. Mr. Schmiege believed that manner in which the police entered her house was illegal and filed a Peyton Motion pursuant to Payton v. New York, 445 U.S. 573, 100 S. Ct. 1371 (1980) and argued that the warrantless entrance into the house absent barring exigent circumstances was illegal and the Judge agreed and the evidence was suppressed and the case was DISMISSED.