Category: Suppression

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Motion to Suppress Granted–Case Dismissed!

A Ewing Law Client was charged with various gun charges after police approached him in a parking lot finding a gun in his vehicle. The issue presented to the court was that the police had seized our client, placing him in the back of a locked police car, before having probable cause to do so. Without probable cause, the police had no reason to search the vehicle–and the statement he gave while illegally detained should not have been used against him. Attorney Ewing filed a Motion to Suppress the evidence of the gun, and suppress his illegally obtained statement. Genesee County Circuit Court Judge Joseph J. Farah agreed, suppression was granted–and the case was dismissed.

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OWI Case Dismissed–Suppression Granted!

A Ewing Law Client in Saginaw, Michigan, was charged with Operating While Intoxicated (OWI). Police stopped his vehicle for making an illegal u-turn. After stopping the vehicle, police discovered our client was intoxicated–and he was charged. Attorney Ewing discovered that the illegal u-turn was, in fact, not illegal in Frankenmuth and filed a Motion to Suppress Evidence gathered from the improper traffic stop. District Court Judge A. T. Frank agreed, suppressed the evidence–and the charges were dismissed.

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Motion to Suppress Granted! Case Dismissed!

In this case, Ewing Law Client was charged with operating a mobile meth lab. Our client was considered a habitual offender and was facing life in prison if convicted. Michigan State Police stopped our client’s vehicle pursuant to a 911 call reporting a suspicious vehicle. Time had passed from the time of the 911 call before stopping our client’s car erasing any belief that there was anything suspicious about our client’s actions. Police stopped the vehicle without reasonable suspicion and Attorney Ewing filed a Motion to Suppress. Genesee County Circuit Judge Richard Yuille agreed that the police did not have reasonable suspicion to stop the vehicle. The drugs and drug making equipment found in the vehicle were suppressed, and the case was dismissed.



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Motion to Suppress Identification–GRANTED!

Motions to Suppress are seemingly rarely granted. In this Ewing Law case, our client was identified in Court (for the first time) by the victim in the case. Attorney Ewing filed a Motion to Suppress the victim’s in-court identification because the courtroom presented an unduly suggestive environment for such an identification. That same victim was unable to identify our client in a previous line-up. The Genesee County Circuit Court Judge agreed–suppressing the identification.