Robert J Callahan | Chicago, IL Criminal Defense Lawyer | Attorney
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  • Unconstitutional Traffic Stop Leads Judge to Suppress Evidence in Chicago Drug Case
Click to Call 312-322-9000

Recent Criminal Case Victories

Call (312) 322-9000 and Start Fighting for Your Rights.

Click on the criminal defense case victory links below to learn how we won each case.

Recently Won Cases

(Actual Dates and Cases)

June 2024

Battery – CASE DISMISSED
Aggravated Unlawful Use of a Weapon – CASE DISMISSED

May 2024

Felony Possession of Cannabis – CASE DISMISSED
Obstruction Identification – CASE DISMISSED
Child Endangerment – CASE DISMISSED
Battery – CASE DISMISSED

April 2024

Possession of a Controlled Substance – CASE DISMISSED
Retail Theft – CASE DISMISSED
Battery – CASE DISMISSED
Violation of the Firearm Concealed Carry Act – CASE DISMISSED

March 2024

Aggravated Unlawful Use of a Weapon – CASE DISMISSED

February 2024

Battery – CASE DISMISSED

January 2024

Criminal Trespass to Real Property – CASE DISMISSED

February 2023

Class X Predatory Sexual Assault of a Child – CASE DISMISSED Solicitation of Unlawful Business – CASE DISMISSED

January 2023

Class 4 Felony Possession of a Controlled Substance – CASE DISMISSED Battery – CASE DISMISSED Unlawful use of a Weapon in an airport – CASE DISMISSED

December 2022

Battery – CASE DISMISSED

November 2022

Unlawful use of a Weapon in an airport – CASE DISMISSED Reckless Conduct – CASE DISMISSED Possession of Ammunition – CASE DISMISSED

September 2022

Unlawful Use of a Weapon – CASE DISMISSED Trespass – CASE DISMISSED

August 2022:

Class 3 Felony Retail Theft Charges – CASE DISMISSED

June 2022:

Theft and Possession of Bank Identification Card – Class A Misdemeanor – CASE DISMISSED Criminal Damage to Property –
Class A Misdemeanor – CASE DISMISSED
Class 4 Felony Unlawful Use of Weapon – NOT GUILTY
Class 1 Felony Possession of an Controlled Substance – CASE DISMISSED
Domestic Battery – CASE DISMISSED Theft and Possession of Bank Identification Card – Class A Misdemeanor – CASE DISMISSED

May 2022

First-Degree Murder – CASE DISMISSED Class 4 Felony Aggravated Unlawful Use of a Weapon – CASE DISMISSED
Assault – CASE DISMISSED
Aggravated Unlawful Use of Weapon by a Felon – CASE DISMISSED
Violation of Concealed Carry Permit – CASE DISMISSED
First Degree Murder – REDUCED TO ARMED ROBBERY

April 2022

Class 4 Felony Criminal Damage to Property – REDUCED TO A MISDEMEANOR
Unlawful Use of Weapon – CASE DISMISSED

March 2022

Aggravated Assault – CASE DISMISSED

February 2022

Class 4 Felony Unlawful Use of Weapon – REDUCED TO A MISDEMEANOR
Domestic Battery – CASE DISMISSED
Class 3 Felony Theft – NOT GUILTY

JANUARY 2022

DUI- Class A Misdemeanor – Dismissed
Unlawful Use of a Weapon – Class A Misdemeanor – Dismissed

DECEMBER 2021

Domestic Battery – Class A Misdemeanor – Dismissed

NOVEMBER 2021

Battery- Bodily Harm – Class A Misdemeanor- Dismissed

OCTOBER 2021

Violation of Order of Protection – Class A Misdemeanor- Bench Trial- Not Guilty
Unlawful Use of a Weapon – Class A Misdemeanor- Dismissed

SEPTEMBER 2021

Domestic Battery-Bodily Harm- Class A Misdemeanor – Bench Trial- Not Guilty
Possession of Controlled Substance- Class 4 Felony – Dismissed
Aggravated Unlawful Use of a Weapon – Class 4 Felony – Dismissed

AUGUST 2021

Manufacturing and Delivery of 900+ grams of Methamphetamine, Cocaine and Heroin – CASE DISMISSED
Unlawful Use of a Weapon – Class A Misdemeanor – CASE DISMISSED
Aggravated Unlawful Use of a Weapon – Class 4 Felony – Entered into Veteran’s Treatment Court

JULY 2021

Disorderly Conduct – Class A Misdemeanor – CASE DISMISSED
Leaving the Scene of an Accident – Class A Misdemeanor – CASE DISMISSED

JUNE 2021:

Theft and Possession of Bank Identification Card – Class A Misdemeanor – CASE DISMISSED
Retail Theft- Class A Misdemeanor – CASE DISMISSED Possession of Cannabis in a Motor Vehicle – Ordinance Violation – CASE DISMISSED
Criminal Damage to Property – Class A Misdemeanor – CASE DISMISSED

MAY 2021:

Domestic Violence Order of Protection – CASE DISMISSED
Unlawful Use of a Weapon – Class A Misdemeanor – CASE DISMISSED

APRIL 2021:

Aggravated Unlawful Use of a Weapon – Class 4 Felony – REDUCED TO CLASS A MISDEMEANOR WITH SUPERVISION
Theft – Class 4 Felony – CASE DISMISSED
Theft By Deception – Class 3 Felony – CASE DISMISSED
Identity Theft – Class 3 Felony – CASE DISMISSED
Domestic Battery – Bodily Harm – Class A misdemeanor – CASE DISMISSED

MARCH 2021:

Unlawful Use of a Weapon – Class A Misdemeanor – CASE DISMISSED
Aggravated Unlawful Use of a Weapon – Class 4 Felony – CASE DISMISSED

FEBRUARY 2021:

Aggravated Unlawful Use of a Weapon – Class 4 Felony – CASE DISMISSED

November 2020

Possession of a Controlled Substance – Class 4 Felony – CASE DISMISSED

October 2020

Leaving the Scene – Class A Felony – CASE DISMISSED
No Stalking Petition – VACATED
Aggravated UUW – Class 4 Felony – FINDING NO PROBABLE CAUSE
Aggravated UUW – Class 4 Felony – CASE DISMISSED

September 2020

Disorderly Conduct – CASE DISMISSED

August 2020

Aggravated UUW – Class 4 – FINDING NO PROBABLE CAUSE

JULY 2020

MB and son JB – Murder Charges ruled self defense after hearing – CASE DISMISSED
Applied for Clemency on Cannabis charges – CLEMENCY GRANTED
Three (3) separate cases of manufacturing/delivery of cocaine – Class 1 felonies – CASE DISMISSED

Testimonials

Click to Call 312-322-9000

Unconstitutional Traffic Stop Leads Judge to Suppress Evidence in Chicago Drug Case

Over the past few years, we have seen an increase in the amount of unconstitutional traffic stops that are made for the purpose of conducting improper canine narcotics searches. These searches are most frequently led by Illinois State Troopers who claim they are pulling citizens over for traffic violations. However, their true intent is to search vehicles for drugs and other contraband.

Unconstitutional Traffic Stop Leads Judge to Suppress Evidence in Chicago Drug CaseOur firm has had several of these cases dismissed on constitutional grounds. The 4th Amendment provides that any contraband seized as a result of an unconstitutional search must be barred or excluded from evidence; this principle is known as the exclusionary rule. When we encounter these types of traffic stops, we file a Motion to Suppress Evidence. Then, a hearing is conducted to determine whether the search was legal or illegal. If the Court grants our Motion to Suppress evidence based on an illegal search, the evidence is dismissed and we win the case. Below is a real life example of the process.

FL was driving eastbound on I-80 when he was pulled over by an Illinois State Trooper. The officer claimed that he was speeding and acting suspiciously, which FL denies. The officer claimed that when he pulled FL over, FL would not look at him and engaged in a “1,000 yard stare”.

The trooper conducted a routine traffic stop and asked FL for his license, registration, and insurance. FL provided these documents, which were all valid. The officer informed FL that he would be issuing him a warning for speeding and FL agreed to sign the warning documents. After handing the documents back to FL, the trooper quickly asked if FL would submit to a search of his vehicle. FL politely refused and the officer eventually let him depart.

Less than five minutes later, FL was pulled over by a canine unit. The Trooper in the canine unit claimed that the reason for the stop was that FL was travelling at 72 mph in a 70 mph zone. When asked for consent to search the vehicle, FL refused. The trooper claimed that FL was acting suspiciously, told an unlikely story about his direction of travel, and was acting extremely nervous. For these reasons, the trooper deployed his dog around the car and over 100 pounds of cannabis was found and recovered. FL was charged with Cannabis Trafficking, a non-probationable Class X Felony that carries a sentence of 12-60 years in the penitentiary.

After being retained, we conducted an investigation. We subpoenaed and requested the video footage of the traffic stops and upon review it was obvious that both stops were completely improper. We requested a hearing and filed a detailed Motion to Suppress Evidence. After an extended and hotly contested hearing, the cannabis was ordered suppressed by the Judge hearing the case.

This is almost the exact same pattern we have seen in over 20 different traffic stops. The troopers are extremely intimidating and misleading in the way they carry out these searches. They are not beyond exaggerating, embellishing, or even outright lying in their testimony. Very often, these cases are in small counties downstate.  Local “small town” Judges tolerate this type of behavior because they are often fearful of appearing lenient on crime if they dismiss cases of this caliber.

It is therefore extremely important that the accused have a skilled attorney familiar with Search and Seizure and Due Process. It’s a complex and ever shifting area of the law.  We have seen multiple different rulings by the Appellate Court over the past 2 years.

It’s our belief that we will continue to see these types of illegal and unconstitutional stops well into the future. Our goal will be to defend these cases vigorously and advocate for dismissal of the charges when they happen.

FL’s case was dismissed after the evidence was suppressed and he avoided a minimum penitentiary sentence of 12 years.

 

 

Location

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Robert J Callahan | Chicago Defense Lawyer
53 W JACKSON BLVD # 1615
CHICAGO IL 60604-3536

Phone: (312) 322-9000
Fax: (312) 427-1289



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