We have successfully suppressed and excluded from evidence alleged self-incriminating statements made by one of our clients who was charged with violation of a civil order of protection. One month after the alleged violation, while our client was driving his motor vehicle, our client was stopped by the police and questioned about the alleged violation. During the questioning, our client allegedly made self-incriminating statements and was arrested and charged with violation of a civil order of protection.
Upon being retained by our client and after reviewing the arrest reports, our attorneys filed a motion to quash arrest and suppress evidence based on a lack of probable cause by the arresting officer to make the traffic stop. At the hearing on the motion, one of our attorneys successfully elicited testimony from the arresting officer that prior to the traffic stop our client did not violate any traffic law and that the arresting officer did not have probable cause to believe that our client violated the terms of the order of protection. The trial court granted the motion and ordered that the alleged self-incriminating statements made by our client were to be excluded from evidence at trial. As a result of the motion being granted and the evidence being excluded, the State ultimately dismissed the criminal complaint.