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May 27, 2011
 drug arrest Clients often think that the plea of guilty is the end of their criminal matter. Little do people know, is that by entering into a plea of guilty for supervision, conditional discharge or probation, you are agreeing to many conditions, some of which can waive your constitutitonal rights. In an opinion that was handed down on May 19th, 2011, the Supreme Court of Illinois upheld the forced entry into Samuel Absher’s home.
Mr. Absher had pled guilty to a charge of Retail Theft and, through a negotiated plea deal with prosecutors, was sentenced to a period of two years probation. As is customary for defendants on probation, Mr. Absher was assigned a probation officer who suspected Mr. Absher was in possession of and using illegal drugs. As a result, the probation officer and a police officer forcibly entered Mr. Absher’s home and did in fact find drugs.
Mr. Absher fought the drug case and violation of his probation on the basis that the forcible entry into his home was a violation of his Fourth Amendment Rights against illegal searches and seizures. The Illinois Supreme Court held that the probation agreement that Mr. Absher entered into with the prosecution was a contract and as a contract, Mr. Absher waived his right to his Fourth Amendment protections by freely agreeing to searches of himself and his property, at the request of the probation officer.
Defendant had entered fully negotiated plea to retail theft, and was sentenced to two years of probation. Probation officer, suspicious that Defendant was using and possessing drugs, forcibly entered Defendant’s home with a police officer, and found drugs. Plea agreement is governed by principles of contract law. Defendant had waived his Fourth Amendment rights by freely agreeing to suspicionless searches, at request of probation officer, as a condition of his probation, thereby giving prospective consent.
If you’ve been arrested for retail theft, drug charges (marijuana, cocaine or heroin), or any other criminal offenses, you should have the very best representation.
Criminal defense attorney, Purav Bhatt practices in Chicago, Skokie, Rolling Meadows, as well as, Lake, Cook, DuPage and Will counties. Please call 773-791-9682 or contact Mr. Bhatt to discuss your matter.
May 18, 2011
 marijuana arrest “A man’s home is his castle” is how the saying goes. The law takes this saying seriously and when the police enter into someone’s home, the law requires the police have a warrant. However, the Supreme Court has recently ruled in a case that has relaxed the warrant requirement for the police to enter into someone’s home.
On Monday, the Supreme Court heard the case of a Hollis King, who was arrested after police entered into his home without a warrant. The police’s reason? They smelled marijuana coming from inside the apartment and entered the home believing the defendant was trying to destroy the evidence. In fact, the police were chasing after another individual who sold cocaine to an undercover officer and ran into an unknown apartment. Without knowing which apartment the drug dealer ran into, the police smelled burnt marijuana coming from the wrong apartment and entered that apartment looking for the drug dealer. Instead, Mr. King was arrested.
Only Justice Ginsberg dissented to the ruling leaving the case decided by an 8-1 vote. The Kentucky Supreme Court had ruled that the search of Mr. King’s home was illegal and therefore the evidence gathered was inadmissible.
The Court determined that there was no violation of the Fourth Amendment of the United States Constitution because the police acted reasonably considering the circumstances. The police knocked on Mr. King’s door and believed they heard noised consistent with destroying the evidence.
Justice Alito, writing for the majority stated, “Occupants who choose not to stand on their constitutional rights but instead elect to attempt to destroy evidence have only themselves to blame.” Normally, the police require a search warrant to enter into someone’s home. This decision allows officers to listen and determine whether what they hear amounts to the covering up of criminal activity and then break down the door, whether they were right or wrong.
If you’ve been arrested for drug charges (marijuana, cocaine or heroin), or any other criminal offenses, you should have the very best representation.
Criminal defense attorney, Purav Bhatt practices in Chicago, Skokie, Rolling Meadows, as well as, Lake, Cook, DuPage and Will counties. Please call 773-791-9682 or contact Mr. Bhatt to discuss your matter.
May 6, 2011
- criminal arrest
So you’ve been pulled over by the police and they are asking you questions. What should you do? What shouldn’t you do? Here are a few pieces of advice to keep in mind when you cross paths with the police. Whether you’ve been arrested for a misdemeanor or felony, for retail theft, drug charges, weapons violations, battery or assault, this information will help you.
- How Did the Fish get Caught? He Opened his Mouth.
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Don’t try to convince the police you are innocent. The police are trained professionals. They are trained to get you talking so that you provide them with information without them having to search for it. The police don’t decide if you are guilty or innocent, the police only decide whether to arrest you and what to charge you with. Even if you feel there has been a mistake, what you say can oftentimes open the door to harming your case or giving the officer more information to charge you with other crimes. The only thing you should tell the officer is that you have a lawyer and want to speak with him.
- Don’t Run from the Police
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You will not escape the police. They have radios, backup and know the neighborhoods better than you do. Additionally, by fleeing the scene, you are opening yourself up to being charged with felony offenses, potentially injuring yourself of others, having the police draw their firearms on you, and angering the police.
- You have the Right to Remain Silent – Exercise Your Right
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Getting arrested is a stressful experience and many people talk a lot when they get stressed. Asking the police questions about your case will only provide the police insight into what you know about the crime. Even if you are innocent, you may give the police conflicting information that makes you look like you’re making up a story. For example, clients tell the police, “I left dinner at 8:30” and then after they are arrested tell the police, “Dinner ended at 9”. Sounds innocent enough right? Wrong, to the police and later in court, you have given conflicting times that affect your credibility and memory of what happened.
- Do Not Allow or Give Permission to the Police to Search Anywhere
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The police are going to do whatever they want but the key to whether their searches are legal or not is whether you have given consent and permission or not. If they are asking you for permission to search you, your car or your home it is likely that the police know they do not have the legal ability to search. Tell the police in a loud and clear voice “You do not have my permission or consent to search”. If they continue to search, what they find can be excluded from the case against you and could get the charges thrown out. Do not respond to the police search or give them hints as to where to search and do not answer questions from the police like “Whose is this?” or “Does this belong to you?”
- Do Not Fight the Police or Resist Arrest
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In Illinois, even if the police have wrongly arrested you, you cannot resist the arrest. You can still be charged with resisting arrest even if the original reason for the arrest is dismissed. Do not put your hands on the police, stiffen your arms to avoid being handcuffed or swipe the officer’s hands away from you. If the officer is hurt, a minor offense could turn into a felony offense.
- Do Not Verbally Abuse the Police
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No matter how terribly the police are treating you, avoid the urge to yell at them. If, in the heat of the moment you threaten the officer, you can be charged with aggravated assault or a felony offense. Additionally, as a former prosecutor, I would ask the police how they were treated during the arrest. If the officer told me the defendant was abusive and was disrespectful, it would influence how I prosecuted the case.
- The Police Will Lie to You
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As I mentioned above, the police are trained professionals when it comes to getting people to give up information. This includes lying to suspects to get them to talk. For instance the police may say, “If you tell me the truth, you won’t go to jail” or “Your friend told me you were the one who committed the crime”. The police are under no legal obligation to tell you the truth.
- Do Not Invite the Police Into Your Home
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In most cases, the police need a search or arrest warrant to enter your home. So if you do not invite the police into your home they cannot enter. If the police come to your door and ask to come inside to talk, simply step outside of your home and close the door behind you. A common tactic the police use is asking you if you’d like to go inside to change your clothes or get a jacket. The police will not let you do this alone and will escort you into your home. At this point the police will be looking around your house and may find incriminating evidence against you.
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