Law Enforcement Bounty Hunting Exposed

Posted by mcallister on Mar 1, 2012 in Cases | 0 comments

February 17, 2012 – In this Driving-Under-the-Influence (DUI) case Mr. McAllister filed a motion to suppress the breath test results based on the officer not having legal cause for the traffic stop.  On cross-examination the officer admitted to having won awards for the most DUI arrests for two consecutive years from Mothers Against Drunk Driving (last year he had 60 arrests; “this year I’m shooting for 100!”)  “You have a streak going?” Kirk McAllister asked.  “Yes , I do” was the response.  Next McAllister asked “You want to keep your streak going?”  The officer answered “Yes, I do.”  The officer ultimately could not convincingly cite a Vehicle Code section that he claimed was violated.  The judge granted the motion to suppress evidence and the District Attorney was forced to dismiss the case. (Case No.  CRM015477)

Defense Investigation Frees Client

Posted by mcallister on Sep 26, 2011 in Cases | 0 comments

September 1, 2011 – Colby Browning was charged with attempted murder for a near-fatal stabbing that he did not commit.   Kirk McAllister conducted a more thorough investigation than the police did and proved who actually committed the crime.  When he turned over his investigation to the prosecution, the District Attorney began prosecution of the actual perpetrator and dismissed all charges as to Browning. 

“It’s scary facing life imprisonment for a crime you didn’t commit, but I never lost confidence in Kirk,” said Colby Browning.  “His thorough investigation and take-no-prisoner attitude saved my life.” Case no. MF50736

Your Home is Your Castle – Until CHP Arrives

Posted by mcallister on Aug 29, 2011 in Cases | 0 comments

August 3, 2011: Under the Constitution, the home enjoys the greatest protection against warrantless government intrusion.  In this case CHP officers investigating an unwitnessed solo rollover accident invaded the client’s home without a warrant seeking to arrest him.  In denying consent to enter, another occupant had asked if they had a search warrant: “We don’t need a warrant” was the arrogant reply.  Kirk McAllister took the CHP back to school on the Fourth Amendment during a two-day long motion to supress evidence, including breathalizer results.  The judge ruled that all evidence had to be supressed as the result of an illegal entry in violation of the Fourth Amendment. (Case No. 1413577)