Denver Legal Advice
First off, the Bill of Rights is not a "technicality". You may be guilty
as hell but it is right and proper that you walk if the police acted in a way hostile to a
free society. Because it is not just your rights, it's all of ours. The
exclusionary rule both protects our freedom, and enhances the professionalism of law
enforcement in this country. It is the ultimate quality control device. While not a technicality, motions to suppress can be conceptually tricky,
their outcome subject to the inclinations of the Court, changing case law, and to the
varied facts of the case. Here is something, however, to help you get a handle on it. If
it feels deep in your gut that the police were out of line, there may be something to it.
A traffic stop for an equipment violation, without more, does not justify a search of
passengers. And you would feel hassled if you were one of the passengers searched. On the
other hand a SWAT team jumping out at you after you try to unload fifty tabs of ecstasy to
an undercover informant may be overkill, but is not a violation of the fourth amendment.
(There might be an entrapment defense, though. Give me call.)
Will a motion to suppress lie? Consult your "hassle
index" and talk to your attorney.
There are many ways a case can fall apart for the
prosecution. Witnesses move away without leaving forwarding addresses. Essential evidence
gets lost, or, more often, falls short of being able to convict. For example, a pawnshop
form on which a defendant allegedly gave false information is poorly designed and subject
to different interpretations. There is always cause for hope, but to flush out these
"get out of jail" cards you need to fight. That means hiring an attorney who is
willing to fight for you. Please consider me for that position. But whoever you hire, get
yourself an attorney, and never give up hope. |