At a hearing in the Third Circuit Court, after argument by defense attorney Chris Kessel, Judge Bruce Morrow declared that the actions of the Taylor Police Department violated Mr. Kessel’s client’s constitutional rights and then suppressed evidence recovered by the officers. The end result of the ruling was that the charges against Mr. Kessel’s client were dismissed.
Attorney Chris Kessel filed a motion alleging that the police had violated his client’s Fourth and Fifth Amendment rights by coercing consent to search the client’s home and by questioning him without Mirandizing him. The hearing saw testimony from a member of the Taylor Police Department, a member of the DRANO task force, and Mr. Kessel’s client. The officers testified that they had a positive hit by a drug dog on the client’s vehicle. They then testified that the client, after being taken into custody, had given consent for the officers to search his home. On cross-examination, Mr. Kessel established that no narcotics were recovered from the vehicle (that it was not a positive hit) and that his client was in custody while he was being questioned, and that the consent that was granted for the search was done after the officers threatened the client.
Judge Morrow asked for supplemental briefs on the issue of custody and consent. At today’s hearing, the judge agreed with Mr. Kessel’s argument that the officers had violated the client’s Fifth Amendment right to receive his Miranda rights before being questioned. The judge also agreed that the client only gave consent to search his home because he had been coerced by the officers. With the evidence suppressed, the prosecution was left with no choice to allow the court to dismiss the case.
Drug cases tend to be the most complicated cases because of all the different issues that may come up. That means you need a drug defense attorney who knows the law and how to use it to your advantage. When a client retains Nessel and Kessel Law we immediately begin to develop a comprehensive strategy for success. Sometimes success means convincing the prosecutor to dismiss the charges completely, or have them greatly reduced. Other times it means a motion to suppress evidence to have the case dismissed by a judge, or fully preparing for trial and securing a not guilty verdict.
There are almost always 4th Amendment issues when dealing with narcotics charges because the arrest usually stems from a stop on the street or while driving, from the execution of a search warrant, or because of the use of a confidential informant to secure information used to perform a stop or obtain a warrant. Many times your case will hinge on whether or not your 4th Amendment rights have been violated.
Narcotics charges also hinge heavily on police officer testimony. Generally there will be multiple officers who take part in a “raid.” At Nessel and Kessel Law, we have the necessary skill and experience to cross examine these officers and find the holes and cracks in their story, thereby allowing us to expose the lies and fabrications in their story. At Nessel and Kessel Law, not only do we know the law and how to use it to your advantage, but we know how to expose witnesses who are being less than honest.
Regardless of the issue, if you’ve been charged with a drug offense in the State of Michigan, you need a top criminal defense attorney. Contact Nessel and Kessel Law today if you or a friend or family member has been charged with a drug offense.