June 2016 Archives

The United States Supreme Court recently issued a decision in the case Utah v. Strieff that will have a big impact on the suppression of evidence found on a suspect following an illegal stop. In the Strieff case, the defendant was stopped by a police officer after leaving a house where the officer suspected drug activity was occurring. The officer then learned that the defendant had an outstanding warrant, placed the defendant under arrest and searched him. Drugs were found on the defendant. The drug evidence was suppressed by the Utah Supreme Court because the initial stop of the defendant was done without reasonable suspicion that he was involved in criminal activity. The lower court held that the illegal stop poisoned any subsequent search. However, the United States Supreme Court decided that even if the police officer had stopped the suspect without having reasonable suspicion to do so, because there was a valid arrest warrant for the defendant and no flagrant police misconduct, the search and seizure of the drugs was legal. Therefore, they overturned the ruling that the drug evidence must be suppressed.

Attorney Ebner recently represented a client charged with Simple Assault and obtained a "not guilty" verdict for him at a bench trial. This client was facing a possible maximum sentence of two years of incarceration and a $5,000 fine. He was accused of swinging a hammer at the alleged victim. At trial, Attorney Ebner established that the accuser was the relative of the client's tenant who had been evicted and was supposed to have vacated the residence on the date in question. The client testified credibly that he arrived at the residence intending to begin work on the house and found that the tenant was refusing to leave. He called the police and sat on the porch to await their arrival. The client was holding a hammer and the alleged victim tried to take it from him. A struggle ensued over the hammer and when the client let go of the hammer, the alleged victim fell down to the ground and was injured. Thanks to Attorney Ebner's representation, the judge found this client "not guilty" of the assault charge.