People v. MS

Our Client was charged with Felony Unlawful Use of a Weapon by a Convicted Felon and Felony Possession of a Controlled Substance.  The Police served a search warrant at an address they claimed was the residence of our Client.  Our Client was not present while the police executed the search warrant and was arrested hours later, miles away.  There were, however,  other adults present at the location while the search warrant was served.  Even though the search warrant limited the search of the Officers to the 1st floor of the 2 flat apartment building, the Officers took it upon themselves to search the basement.  While searching the basement, the Officers claim to have recovered, from a bedroom, narcotics and ammunition as well as a letter addressed to our Client with the address of the search warrant on it.  We took our Client's case to trial.  At trial, several of the officers testified inconsistently.  One officer testified that the residence that was searched was a single family home with a mid apartment exit door which led to the basement.  Another testified that there was no door leading to the basement.  An evidence technician who photographed all the evidence testified that the letter was recovered from the basement bedroom (where he photographed it).  However, the evidence technician must've forgotten that he had testified under oath at another hearing that the letter was recovered from an upstairs dining room.  When asked about his inconsistency, he said "I was mistaken."   The prosecution presented photographs of the 1st floor to the court.  However, none of those photographs showed any of the bedrooms upstairs.  In fact, one of the officers claimed that there wasn't a bedroom upstairs, when it was clear from the photographs that the person taking the photograph was standing in the door frame of the bedroom.  The verdict was Not Guilty and our Client was Acquitted!