Charges Dismissed After Motion to Suppress Filed in Pinellas County Drug Case
Attorney Michael J. Petro is pleased to announce a successful defense result: Pinellas County drug charges dismissed against Mr. Eric Eugene Mozell, Sr. after Attorney Petro filed a Motion to Suppress challenging the legality of the...
Motion to Suppress Evidence in Chicago
Evidence obtained through an unconstitutional search or seizure can sometimes be excluded from a criminal prosecution. A successful motion to suppress can prevent prosecutors from using critical evidence and, in some cases, can substantially weaken or...
IP Address Linked to a Residence Is Enough to Search
Federal investigators frequently use IP addresses to identify the internet connection associated with suspected online criminal activity. That information may then be used to obtain a search warrant for a home, computer, cell phone, or other electronic device.
The Fourth Amendment and the “Third Party Doctrine.”
The government can obtain enormous amounts of information about a person from third parties—banks, telephone companies, internet service providers, email providers, and technology companies.
Does the Fourth Amendment require investigators to obtain a search warrant before...
DEA’s Use of “Stingray” Device Without a Warrant is Illegal
Cellphones can reveal an extraordinary amount of information about where a person goes, where a person lives, and with whom a person associates.
Federal law enforcement agencies have used devices commonly known as StingRays to...
Search and Seizure Traffic Stop – Suspicion of Texting While Driving Is Not Enough. Case Dismissed
A police officer cannot lawfully stop a vehicle based merely on a hunch that the driver might be violating a traffic law.
A traffic stop is a seizure under the Fourth Amendment....
Search Warrants and the Probable Cause Determination – Boilerplate Rules
A search warrant does not automatically make a government search constitutional.
Before issuing a search warrant, a judge must determine that there is probable cause to believe evidence of a crime will...
Chicago Criminal Defense Attorney Michael J. Petro Successfully Suppresses Evidence
When police recover a firearm during a search, the discovery of the gun does not automatically make the search constitutional.
The Fourth Amendment requires law enforcement officers to have a lawful basis for the search or...
Search Warrants and the Leon Good Faith Exception: Boilerplate Rules
A court's conclusion that a search warrant lacked probable cause does not necessarily mean the evidence will be suppressed.
That surprises many criminal defendants.
The reason is the...
Handy Chart Determines If Driver of Rental Car Has Standing to Contest Search
Police and prosecutors may argue that a driver cannot challenge the search of a rental car because the rental agreement does not list that person as an authorized driver. That argument is no longer a correct statement...