CASE DISMISSED AFTER CRIMINAL DENSE CLINIC RAISES CONSTITUTIONAL CHALLENGE
Madison Irene, Emily Bruell and a 23 year old man were able to represent a lawful firearm owner who had a registered firearm. Our client was arrested by the police for improper storage and transport of his firearm.
Madison and Emily challenged several aspects of our client’s interaction with the police under the Fourth Amendment. The motion to suppress the evidence began by denying that the traffic stop had any basis. The officers claimed the traffic stop was because they failed to yield to pedestrians, while another officer said it was due to failing to yield oncoming traffic. The officers who were part of a violent crime gang taskforce had a tendency to stereotype and profile. This was particularly troubling in light of the profiling. We felt, after reviewing police reports and viewing the body-worn camera footage of the officers, that the evidence showed an illegally extended detention. The motion also questioned the officers’ alleged justification for the search of the entire vehicle.
We thoroughly prepared for the hearing of our motion to suppress. We had rehearsed the proceedings and refined our anticipated response brief several times, but the case was dismissed without any hearing. The assigned district attorney notified us about a week prior to the hearing that the case was being dismissed for the sake of justice. We were proud to be with our client at the Santa Clara County Hall of Justice on the date of the hearing to accept the dismissal. We also submitted an order to return our client’s belongings to the district attorney and judge. The order was signed and granted. This is a fantastic outcome and we are thrilled that our
Client receives some justice