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

Asked about 1 year ago - 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?

Additional information

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

Attorney answers (5)

  1. Joshua Sachs

    Contributor Level 19

    5

    Lawyers agree

    Answered . 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.

  2. Judy A. Goldstein

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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.

  3. Anthony Michael Solis

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more
  4. William Patrick Delgado

    Contributor Level 2

    3

    Lawyers agree

    Answered . 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.

  5. Rixon Charles Rafter III

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,551 answers this week

2,973 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,551 answers this week

2,973 attorneys answering