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Can I suppress a jail call that was the result of poisonous search and seizure, but I was not present during the stop?

Chicago, IL |

An un-indictied co-conspirator was stopped which turned out to be an illegal search and seizure. She was booked into a local county jail where she called me and told me to tell someone not to speak to the police. On the phone call I agreed. Now I am being charged with "obstruction of justice" in a federal conspiracy case. She was able to have everything from that traffic stop suppressed as fruit of poisonous tree and have her "obstruction of justice" charge dismissed. She took a plea deal on some other charges. She will not testify against me. How can i suppress those jail calls, so i can have the charge dismissed?

Please cite any landmark cases that might help me suppress the jail call.

Attorney Answers 5

Posted

Stop posting facts about your case and get a federal criminal defense lawyer ASAP. Jail calls are rarely suppressible, particularly because you are advised that the call is coming from a jail, and most of the time they give you notice that the call is recorded. You'd better get good counsel--there are many ways to beat this, but it depends on a lot of factors--get a lawyer, fast.

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Asker

Posted

Can you cite a landmark case to help me suppress the jail calls??

Anthony Michael Solis

Anthony Michael Solis

Posted

I can--but I don't do free legal research. I'm merely saying there are many avenues of attack on the call and the case itself. Obstruction has specific elements that have to be met in order for you to be found guilty.

Posted

If there was a warning that the call would be recorded, by continuing the call I believe you pretty much waived any suppression issues by reason of waiving right to privacy. At least under Texas law generally.

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Posted

This is a question best asked of your attorney who knows the precise facts of your case.. Additionally, this forum was not established and is not equipped to cite case law in the manner you request. Go speak to your lawyer who will do any appropriate research.

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Posted

You have a big problem with standing, that is to say, you cannot normally complain about the legality of a search or arrest of somebody else. Plus, the evidence against you would probably be considered too attenuated to warrant suppression. You need an attorney on this case, and I hope you have something better to work with than your suppression theory, which is probably not going to fly.

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Asker

Posted

Since the stop was illegal then wouldn't her being arrested and going to jail be illegal as well?? Is there any way I can use any of this to suppress the jail call?

Joshua Sachs

Joshua Sachs

Posted

As I said, I doubt very much that this is going to fly, but that is for your attorney to evaluate, not for anyone giving you a top-of-the-head response in an online Q&A forum. I will tell you this for sure: Your understanding of the issue is dangerously superficial. If you try to represent yourself you will crash and burn. Remember that when experienced and capable criminal defense attorneys face prosecution (and it does happen) they do not represent themselves. They retain the best and most respected counsel they can find. You should do the same.

Posted

YOU certainly should not be attempting to do anything but finding a criminal defense attorney.

Let the attorney work the tactics and strategy. You will NOT be able to mount your own defense in a case like this.

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