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| Ian Wallach Partner Feldman & Wallach Media Appearances Wikipedia Information |
Compton Courthouse.
Ian Wallach’s client was charged with Felon In Possession Of A
Firearm. The evidence included an
alleged statement leading to the discovery of a weapon during the Officer’s
execution of lawful search warrant. A
suppression motion took place. The
Detective from Hawthorne admirably acknowledged that the alleged statement was
made while the client was in handcuffs, and that the client had not been
mirandized. Accordingly, the statement
was suppressed (but the gun was not, pursuant to United States v. Patane, 542 U.S. 630 (2004) , a troubling decision
that allows physical “fruits of the poisonous tree” to come into evidence,
limiting Miranda to statements).
The Deputy District Attorney acted with complete integrity,
and rather than pursue the case without the statement (which would have made a
conviction uncertain), they chose to dismiss the case on the day of trial.
The client provided permission to post the photographs below taken immediately following the dismissal.
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