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Chicago- August 16, 2013 Motion To Suppress Confession Granted In Ak-47 Case

After an evidentiary hearing, a Cook County Judge at 26th & California tossed out the parolee’s alleged confession to possessing a dangerous AK-47 Assault Weapon. Erickson & Oppenheimer filed the Motion to Suppress Statements after cobbling 4th Amendment search and seizure law regarding Parolees with the 5th and 6th Amendment rights to remain silent and have an attorney present for questioning.

Chicago Police entered the home of Parolee, Janathon Ball, to conduct a “premise check,” and a search of the residence revealed the AK-47, ammunition and “packaged” cannabis under an upstairs mattress. According to Police, Mr. Ball, who was on parole for a weapons charge, said he had the weapon for protection from gang members in the neighborhood.

The judge ruled that prosecutors failed to prove that the Officers gave Mr. Ball his Miranda Warnings entered an order preventing the Cook County State’s Attorney’s Office from using the defendant’s admission to possession at trial.

Now we go to trial without the admission. Stay tuned.

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