Thursday, December 19, 2013, Felon-With-Firearm Case Dismissed On Day Of Trial

by feldmanwallach

Compton Courthouse.  Ian Wallach’s client was charged with Felon In Possession Of A Firearm.  The evidence included an alleged statement leading to the discovery of a weapon during the Officer’s execution of lawful search warrant.  A suppression motion took place.  The Detective from Hawthorne admirably acknowledged that the alleged statement was made while the client was in handcuffs, and that the client had not been mirandized.  Accordingly, the statement was suppressed (but the gun was not, pursuant to United States v. Patane, 542 U.S. 630 (2004) , a troubling decision that allows physical “fruits of the poisonous tree” to come into evidence, limiting Miranda to statements).

The Deputy District Attorney acted with complete integrity, and rather than pursue the case without the statement (which would have made a conviction uncertain), they chose to dismiss the case on the day of trial.

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