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Charges Dismissed

April 11, 2017

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On July 27, 2016, a vehicle was driving north on I-29 from Omaha traveling to Sioux City. The vehicle was pulled over for what the officer later said was tinted windows. The Defendant was also charged with Possession of a Controlled Substance.

The Defendant retained James Redmond of the Heidman Law Firm for his defense. After requesting documentation from the State, Redmond believed the Defendant’s Fourth Amendment rights had been violated by the law enforcement officer.

Redmond submitted a Motion to Suppress Evidence to the Court stating that the law enforcement officer did not have probable cause to make the traffic stop. The Fourth Amendment of the United States Constitution protects individuals against unreasonable searches and seizures. If there is no reason to stop a vehicle, all evidence flowing from that stop is inadmissible. James Redmond requested a hearing on this matter. The State resisted his motion.

After the hearing on the Motion to Suppress was heard, the Court later ruled on Redmond’s Motion to Suppress stating that the law enforcement officer did not have a lawful basis for the traffic stop. The Court went on to state that the tinted windows on the vehicle was nothing more than an afterthought. The Court sustained Mr. Redmond’s Motion to Suppress and the Defendant’s charge of Possession of a Controlled Substance was later dismissed by the State as the State could no longer use any evidence from the traffic stop to proceed forward with the charge.

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