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Case Results

PEOPLE VS J.M. (26TH AND CALIFORNIA)

Possession With the Intent to Deliver 500 Grams of Cocaine; Aggravated Unlawful Use of a Weapon; Unlawful use of a Weapon; Unlawful Use of a Weapon by a Felon

RESULT:  All Charges Dismissed

Defendant was arrested by the Chicago Police on the above charges after the police received a tip from a confidential informant that defendant had large quantities of cocaine and handguns in his residence. A motion to quash arrest and suppress evidence was filed and heard by the trial court. Chicago Police testified that defendant opened the door to his apartment for them and that they observed, from their place in the hallway, several handguns lying on the refrigerator. The officer further testified that they immediately entered the apartment without a search warrant and confiscated three semi-automatic handguns on the refrigerator and two handguns from a bedroom and that they also found 500 grams of cocaine in the apartment. Mr. Wise presented evidence that it was impossible to see any weapons from the hallway and therefore the Chicago Police officer’s testimony was not credible. The Court granted the motion to quash arrest and suppress evidence.  Thereafter, the State dismissed all charges against the defendant.

PEOPLE VS D.P. (MAYWOOD)

Possession of Cocaine With the Intent to Deliver (21.5 Grams); Possession of    Cocaine (21.5 Grams); Unlawful Use of a Weapon by a Felon; Domestic Battery

RESULT:  All Charges Dismissed

The defendant was arrested on the above charges after it was alleged that he beat up his girlfriend and then hit her on the back of the head with a gun. Police went to defendant’s residence and arrested the defendant. A search of the house turned up twenty-one and a half grams of cocaine and several guns. During the hearing on defendant’s motion to quash arrest and suppress evidence, the police officer testified that he searched the residence after obtaining written consent from the defendant’s girlfriend who also lived in the home.  Mr. Wise argued to the court that even if defendant’s girlfriend gave the police consent to search the residence that it was still an illegal search. He argued that both parties have to consent to the search and presented testimony that the defendant told the police that he did not want them searching his residence. Further, Mr. Wise presented to the Court a case from the United States Supreme Court that had just been ruled on. The case held that it is unconstitutional for police without a warrant to search a home, if two occupants are present at the time and one consents but the other objects.  Based on the testimony and the case law presented to the Court, the Judge granted defendant’s motion to quash arrest and suppress evidence.  Thereafter, the State dismissed all charges against the defendant.

PEOPLE VS. D.T. (BRIDGEVIEW)

Aggravated Unlawful Use of a Weapon; Defacing Identification Marks of a Firearm

RESULT: All Charges Dismissed

Defendant was arrested on the above charges after police found a handgun in the center console of his car. Mr. Wise filed a motion to quash arrest and suppress evidence alleging an illegal search of defendant’s car.  Following the hearing the Judge granted the defendant’s motion agreeing with Mr. Wise that the search was illegal because there was no probable cause to search defendant’s vehicle and that the police officer did not have a search warrant. Thereafter, all charges against the defendant were dismissed by the State.

PEOPLE VS. J.B. (26TH & CALIFORNIA)

Possession With the Intent to Deliver GHB

RESULT:  All Charges Dismissed

Defendant was charged with possession with the intent to deliver 2 bottles of liquid (alleged G.H.B.). United States Customs Service inspectors opened an international package addressed to J.B. at the airport based on the shape of the package. Two bottles of a substance were in the package. Postal inspectors and Chicago Police were called to further investigate.  The Chicago Police sought and received a search warrant to execute a controlled delivery and to search J.B. or anyone taking control of the U.S.P.S. Priority Mail Parcel at the defendant’s address. The Officers told the issuing Judge that the substance in the bottles field-tested positive for G.H.B.  The package was delivered to defendant’s address and accepted by his fiancee. Defendant arrived home shortly thereafter and was arrested for the contents of the package as well as other G.H.B. found in the refrigerator. Mr. Wise filed a motion to quash the search warrant in the trial court. Proof of fraudulent testimony of the Chicago Police in gaining the search warrant was presented to the court as Mr. Wise presented evidence to show that there was no known filed test for G.B.L. and that the liquid taken from the defendant was G.B.L. and not G.H.B. Therefore, the substance could not possibly field test positive for G.H.B and therefore, no probable cause existed for the warrant and search of the defendant. Prior to the Judge’s ruling, the State dismissed all charges against the defendant.  Thereafter, a civil suit was filed by the defendant against the City of Chicago and the Chicago Police officers under the United States Civil Rights Act.  Several months later the City of Chicago settled the matter for thousands of dollars

22 W. Washington Street, Suite 1500 Chicago, IL 60602 Northbrook Office: 555 Skokie Blvd. 
Suite 500 
Northbrook, IL 60062
Cook County Criminal & Dui Defense Attorney

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The Law Offices of Howard J. Wise - Cook County Criminal Defense Attorney
Located at 22 W. Washington Street, Suite 1500, Chicago, IL 60602.
Phone: (312) 234-0692.
Local: (312) 346-4555.
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