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Criminal Law: Motion to Suppress Granted, charges dismissed

Case Conclusion Date: 01.23.2013

Practice Area: Criminal defense

Outcome: Dismissed

Description: On Wednesday January 23, 2013 a Judge in the Circuit Court of Cook County Fifth District Court located in Bridgeview, Illinois dismissed the charges against the defendant in a Search Warrant Case which revealed 86.8 grams of Cocaine and a handgun after a pretrial Motion to Suppress was argued by Dennis Giovannini. In Criminal Law Case No. 10 CR 6181 the judge granted Giovannini & Olshansky's Motion to Suppress Evidence. The defendant was charged with Possession of a Controlled Substance with Intent to Deliver and Unlawful Use of of a Weapon by a Convicted Felon under Illinois Statutes 720 ILCS 570/401(A)(2)(A) and 720 ILCS 5/24-1.1(E) and was looking at a 9 to 40 year sentence in the State Penitentiary. Chicago Police Officers executed a search warrant on the 9100 Block of South Essex St. in Chicago and upon knocking and announcing their office forced entry. Once inside they encountered two individuals who they searched and discovered some narcotics from the defendant, then discovered a firearm and a large amount of cocaine in plain view on a counter. The 86 grams of cocaine was packaged in 24 items alleged by the police to be for resale. The defendant was not the "Target" of the search warrant, meaning that he was not the person whom they went to that location with information and an authorized warrant for arrest. Giovannini was able to argue that because he was not the target that the search of his person that revealed the narcotics in his pockets was unconstitutionally invalid. When the judge granted the motion to suppress the narcotics found on his person the state determined there was no other way to tie the defendant to the other contraband found in the location because he was not the target of the search warrant. Giovannini was quoted saying, "A search warrant isn't a ticket to jail, it is merely a piece of paper with writing on it that needs to be challenged like all other evidence against someone in any criminal case."

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