Motion to Quash the Arrest Granted: Case Dismissed 8/27/19

Chicago police officers arrested our client, J. Rivera, while he was sitting outside a methadone clinic, drinking methadone that he had just been prescribed minutes before. They charged him with serious felonies that would have resulted in many years in prison.

The police claimed they had been following him for almost two and a half months, since the time an informant had allegedly told them that Mr. Rivera was part of a “large Chicagoland narcotics organization”. The police admitted that they did not see Mr. Rivera engage in any illegal activity during those two and a half months. Nor did they take any photographs, video or prepare any reports to document any of the “suspicious behavior” they claim they saw Mr. Rivera engage in during their supposed investigation. It wasn't until four days after police arrested Mr. Rivera that they prepared a report claiming to have seen Mr. Rivera engaged in “suspicious activity” while they were following him. The "suspicious behavior" he apparently engaged in was sitting in his car, looking around and looking at his cell phone! If that is suspicious behavior justifying an arrest, the police could arrest any of us!

The day the police arrested Mr. Rivera, one officer claimed he could see Mr. Rivera as he looked in the window of Mr. R’s car. However, due to the diligent work and technological skill of co-counsel Philip DeVon, not only was the seized and impounded automobile Mr. R. had been sitting in tracked to an auto pound, but we obtained an order allowing us to inspect and photograph the vehicle. The car had “tinted windows”, making it physically impossible to see what the police officer claimed to have seen.

After the Court heard the evidence (or lack thereof), the Court granted Mr. Rivera’s Motion to Quash the Arrest and suppressed any evidence seized by the police. On August 27, 2019, the prosecution dismissed the case and Mr. Rivera walked out of court a happy - and free - man