![]() Still, its a good day when we can make tainted evidence disappear due to the ongoing strength of the Fourth Amendment of the United States Constitution, which still prohibits unreasonable search and seizure. #FRESNO SUPERIOR COURT SMART SEARCH TRIAL#While we are very happy that our client will not be facing trial with this damning evidence against him, we only wish we had been called into the matter sooner. Today, our client won the motion to suppress based upon the illegal detention of our client on April 8, 2016. Schweitzer researched the matter and brought a motion to suppress the suspected methamphetamine and the shotgun. Our client chose to have his preliminary hearing with the public defender. They then arrested our client and he was booked into jail with a high bail. After citing him out, the police learned that our client had a felony prior, and thus, he was prohibited from possessing the shotgun that they had seized earlier that morning. Later in the morning, our client returned to the police station. The police computer was down that morning, and they had let the fact that our client had been convicted of an earlier felony go un-noticed. The police could not produce any inventory sheet at our client's suppression motion hearing.Īt the police station, the client was cited out in the early hours of the morning. In the trunk of the automobile, they found a shotgun. Before they did, they searched his automobile. While this is a citable offense in the State of California, the officers decided to take our client to the police station for booking. Finally, he handcuffed our client and placed his fingers into the coin pocket, retrieving a small quantity of suspected methamphetamine. ![]() He re-frisked our client's right front coin pocket several times. Then, the first officer frisked our client. He was told that he might be arrested or let go, depending on his attitude. Our client asked for the officer's name, and protested the treatment he was receiving. The pocket knife was removed and the detention kept going. Our client was ordered to place his hands on the hood of his vehicle, and he complied. Another officer arrived and noticed that our client was wearing a clip on pocket knife. This roust was then prolonged as the officer investigated our client for the non-existent crime of public urination in a rural area. #FRESNO SUPERIOR COURT SMART SEARCH LICENSE#The officer called in our client's driver's license and it came back with no wants or warrants. ![]() He asked for our client's identification. Our client then walked towards the police officer who told him to stop. As he stood behind his automobile, a police cruiser rolled up with its spotlight trained on our client, who stood behind the car with his back to the police vehicle. On April 8, 2016, our client was parked at the end of a rural roadway near an outlying town in Fresno County. ![]() Fresno Superior Court Suppresses Methamphetamine, Shotgun and Paraphernaia on Mr. ![]()
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