Motion to Suppress

By: Derek Hawkins//April 26, 2016//

Listen to this article

Case Name: United States of America v. Luis Contrerars

Case No.: 15-1279

Officials: FLAUM, MANION, and ROVNER, Circuit Judges

Appellant gave voluntary consent for entry, therefore entry into his home was not illegal.

“Although the officers approached the house quickly and forcefully, the heat of the situation de-escalated quickly. The defendant, immediately, upon his arrest stated that he wanted to cooperate. (R. 90, p. 79) (pageID 594). Within a minute or two of entering the garage and handcuffing the men, the officers helped the men up and brought them to the rear of Officer Mitchem’s van while the remaining officers finished the protective sweep. (R. 90, p.79-80) (pageID 594-95). And then just a few minutes later, officers brought Contreras into the house, removed his handcuffs and allowed him to sit in the dining area while they asked him some questions. (R. 90, pp.94, 204) (pageID 609, 719). The initial show of force dissipated quickly and completely.”

Affirmed

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

Select Region or Brand

Upcoming Event