Chris Perri Law is proud to share that we’ve won three suppression hearings so far this year.
For those who may not know, a suppression hearing is held when a defendant believes that evidence was obtained in violation of a constitutional right. If the court agrees with the defendant, then the evidence is “suppressed,” which bars the prosecution from using this evidence at trial.
For example, in our recent blog post, we discussed a Supreme Court case where officers seized drugs from a vehicle following a positive canine alert during a traffic stop. This issue was litigated at a suppression hearing, where the defendant won the argument that the police officer violated his Fourth Amendment rights.
In many cases, winning a suppression hearing directly leads to the prosecutor dismissing the case due to insufficient evidence. As a result, the public often misunderstands suppression as a legal loophole that allows criminals to avoid accountability for their actions. Chris Perri doesn’t see it that simply.
“Suppression hearings are my favorite part of practicing law,” Perri says. “The fact that my clients were caught with incriminating evidence isn’t the whole issue. Instead, we’re focusing on whether the police followed the rules. And these aren’t just any rules – these are the foundational principles that glue our country together. If judges allowed evidence to be introduced at trials despite being illegally obtained, then what’s the point of the Constitution? It’s the real possibility of suppression that keeps the police in line when they investigate illegal activity. It’s a part of our system’s checks and balances of power.“
Chris Perri Law Suppression Win #1
Earlier this year a client faced felony cocaine distribution charges after a police officer entered his house without a warrant. According to the cop, who was at the defendant’s front door in order to investigate an anonymous tip, he witnessed our client flushing the cocaine down the toilet, and he entered in order to prevent the imminent destruction of evidence (an exception to the general requirement that a warrant be obtained prior to entering someone’s home). However, the blinds covering the windows were drawn, and the cop had to awkwardly peer up through a crack in them in order to observe the inside of the home. Chris Perri Law successfully argued that while Supreme Court precedent recognizes an implicit license for anyone to come to the front door to knock and briefly wait for an answer (example: Girl Scouts selling cookies), no one—not even a police officer—is invited to violate the homeowner’s right to privacy by bending down to peep through a crack in drawn blinds. In fact, if you saw someone on their knees under someone’s window, trying to peer in through the blinds, you’d probably call the cops. The reasonable Travis County district judge ordered that the evidence be suppressed.
Chris Perri Law Suppression Win #2
At our next suppression hearing, a client faced a DWI charge and sought to suppress the blood evidence that was obtained with a search warrant following his arrest. Because the blood analyst reported a BAC of nearly twice the legal limit, combating this evidence was critical to our case. Our goal was to demonstrate that the officer lacked probable cause to arrest our client (a Fourth Amendment violation), so any evidence derived from an unlawful arrest is subject to suppression. By cross-examining the officer with the video of the stop and presenting evidence that undermined the officer’s credibility, Chris Perri Law convinced the court to suppress the blood results. Subsequently, the prosecution dismissed the charge due to insufficient evidence.
Chris Perri Law Suppression Win #3
Finally, in a pending felony case, Chris Perri Law suppressed key evidence a police officer obtained before reading the client his Miranda rights. Details will have to wait for a future blog post so that we do not compromise the resolution of this case.
Chris Perri Law is proud to practice criminal defense in Travis County, where constitutional principles reign supreme. If you or someone you know has a potential suppression issue, along with any other criminal defense matter, contact us today at (512)917-4378.