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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

  1. 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 be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia

  2. 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.

  3. 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.

  4. 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.

  5. 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 ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.

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