Stracci Law Group Secures Dismissal of Serious Violent Felon Firearm Charge After Winning Motion to Suppress
At Stracci Law Group, protecting constitutional rights is at the core of everything we do. Recently, defense attorney Maryam Afshar-Stewart successfully obtained the suppression of critical evidence after demonstrating that law enforcement conducted an unlawful traffic stop. As a direct result of the Court's ruling, the State dismissed a charge of Possession of a Firearm by a Serious Violent Felon, a Level 4 Felony.
The Importance of the Fourth Amendment
The Fourth Amendment to the United States Constitution protects every individual from unreasonable searches and seizures. Before law enforcement may stop a vehicle, officers must have a lawful basis for doing so. When an officer conducts a traffic stop without the reasonable suspicion or legal justification required by law, any evidence obtained as a result of that unlawful stop may be excluded from use in court.
These constitutional protections exist to ensure that criminal investigations are conducted fairly and within the limits established by our Constitution.
Challenging the Traffic Stop
From the outset, Attorney Maryam Afshar-Stewart carefully examined every aspect of the traffic stop, including the officer's observations, reports, body camera footage, and testimony. Rather than accepting the State's version of events, she meticulously analyzed whether law enforcement had a lawful basis to initiate the stop. After presenting the evidence and legal arguments through a Motion to Suppress, the Court agreed that the traffic stop violated the client's constitutional rights.
The Court granted the defense's Motion to Suppress, ruling that the evidence obtained as a result of the unlawful stop could not be used against the client.
When Constitutional Violations Change the Outcome
In many criminal cases, the prosecution's case depends almost entirely on evidence recovered during a traffic stop. When that stop is determined to be unconstitutional, the State often loses the evidence necessary to proceed.
That is exactly what occurred in this case.
Because the firearm was discovered solely as a result of the unlawful traffic stop, the suppression ruling eliminated the State's key evidence. Without admissible evidence to prove the offense, the prosecution dismissed the charge of Possession of a Firearm by a Serious Violent Felon (§ 35-47-4-5).
Defending Constitutional Rights
The Fourth Amendment is more than a legal principle—it is a safeguard against unlawful government intrusion. This case demonstrates why every traffic stop should be carefully scrutinized and why constitutional violations should never be overlooked, regardless of the nature of the allegations.
Attorney Maryam Afshar-Stewart is committed to holding law enforcement accountable to constitutional standards and aggressively litigating unlawful searches and seizures. Through careful investigation, strategic motion practice, and relentless courtroom advocacy, Stracci Law Group works to ensure that every client receives the protections guaranteed by the Constitution.
The Result
After the Court granted the Motion to Suppress, the State dismissed the charge of Possession of a Firearm by a Serious Violent Felon.
This result highlights the critical role that constitutional litigation plays in the criminal justice system. A successful Motion to Suppress can fundamentally change the course of a case when evidence has been obtained in violation of a person's constitutional rights.
If you or someone you know has been arrested following a traffic stop, contact Stracci Law Group. Our attorneys have the experience to evaluate whether law enforcement acted lawfully and will fight to protect your constitutional rights at every stage of the case.