Police Detain Georgia Man Walking Down The Street,
and Illegally Obtain Incriminatory Evidence
The appellate court ruled that – because police had no description of the truck driver, as the vehicle sped by, the detention was unfounded. When they stopped Mr. D’Anna as he walked down the street, no reasonable proof of him driving the truck existed. The connection to the parked, nearby truck was wholly circumstantial. The appeals court ruled that D’Anna had been placed in custody illegally and without his consent, and that any incriminatory statements should have been thrown out of court by the trial judge at pre-trial motion hearings. So, D’Anna’s DUI attorney — in filing pre-trial, written motions — placed “hurdles” to block the Prosecutor’s illegally obtained evidence, but the trial judge did not rule properly. Conviction reversed. This case shows the value of fighting a case, making a good “record” of the judge’s improper rulings, and then having an excellent DUI lawyer fight for your exoneration.
Copyright 2015. William C. Head. All Rights Reserved.