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Trial court erred in denying motion to suppress firearm

Posted by John Rutkowski | Aug 06, 2017 | 0 Comments

The trial court erred in denying motion to suppress firearm found during pat down where defendant was unlawfully detained and officers had no probable cause to believe he was armed. 

The officers who heard man and woman telling defendant and his companion to leave the property as they were slowly driving by lacked reasonable suspicion justifying stop of defendant and his companion to investigate trespassing where the two had begun leaving the property at the time of the stop. Even if there had been reasonable suspicion to detain the defendant, that would not have justified pat-down search because of the fact that defendant's companion was a known violent offender was not sufficient, standing alone, to justify a pat-down search of defendant.  

Defendant's conviction and sentence for carrying concealed firearm was reversed and the case sent back to the trial court.

About the Author

John Rutkowski

Mr. Rutkowski has been practicing law for the past twenty years. Prior to practicing law Mr. Rutkowski served twelve years as a deputy sheriff, retiring to attend law school. Starting his law-enforcement career as a patrol deputy which included two years on the DUI squad; Mr. Rutkowski moved up the ranks becoming a corporal in the field training program which give him the responsibility for training new recruits.

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John P. Rutkowski, criminal defense attorney, is focused on all aspects, Criminal Defense, Criminal Appeals, Driving Under the Influence and Traffic law. Contact us today to schedule an initial consultation.

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