Police Nuggets: Recent Episodes
Police Nuggets
Birchfield v. North Dakota, SCOTUS No. 14–1468. Argued April 20, 2016—Decided June 23, 2016. Episode 186 (Duration 8:34). May the State criminalize the failure to comply with implied consent laws? Implied Consent Still Alive and Well, Forced Blood Draws Still Require a Warrant. Holding Because breath tests are significantly less intrusive than blood tests and in […]
The post Birchfield v North Dakota | An Audio Case Summary first appeared on IllinoisCaseLaw.com.
People v. Lampert, 2019 IL App (5th) 180248 (May). Episode 640 (Duration 16:08) Defendant crashes on the bridge from Illinois to Kentucky fun jurisdictional SNAFU ensues. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Gist Kentucky police handled an Illinois DUI. The Illinois – Kentucky Border In Illinois v. […]
The post DUI On A Bridge Causes Huge Jurisdiction Problem first appeared on IllinoisCaseLaw.com.
People v. Clifton, 2019 IL App (1st) 151967 (April). Episode 632 (Duration 8:20) Unduly suggestive ID, you make the call photos provided here. ** This opinion has photos. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Charges & Sentence Defendant was found guilty of armed robbery and sentenced to 35 […]
The post When A Perpetrator Description Can Be So Detailed And So Good It Damages The Photo Lineup (Photos Enclosed) first appeared on IllinoisCaseLaw.com.
People v. Bailey, 2019 IL App (3d) 180396 (May). Episode 631 (Duration 15:01) Food in your beard is not particularly indicative of anything. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Charges The State charged defendant with two counts of DUI (625 ILCS 5/11-501(a)(1), (a)(2)), as well as other traffic […]
The post DUI Probable Cause And Chicken Wing Hot Sauce In Your Beard first appeared on IllinoisCaseLaw.com.
People v. Campbell, 2019 IL App (1st) 161640 (April). Episode 630 (Duration 11:07) Court is not insensitive to claims of “dropsy” testimony and “testilying.” Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Charges Campbell was charged with nine counts of aggravated unlawful use of a weapon (AUUW) (720 ILCS 5/24-1.6(a)(1), […]
The post Dropsy, Smells-Me, Front Seating, and Other Testilying Testimony Has To Be Weighed On It’s Own Merit first appeared on IllinoisCaseLaw.com.
People v. Rice, 2019 IL App (3d) 170134 (April). Episode 623 (Duration 7:36) A strong indication from the 3rd district on what the smell of weed means for a car search. Charges Defendant Jeremiah Paige Rice was charged with one count of unlawful possession of a controlled substance (720 ILCS 646/60(b)(4) (methamphetamine possession) and was given […]
The post 3 Districts All Have Said The Smell Of Weed Still Justifies A Car Search first appeared on IllinoisCaseLaw.com.
People v. Brandt, 2019 IL App (4th) 180219 (April). Episode 621 (Duration 17:08) Police use their own sense of smell to go get a warrant for a house. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Charges Defendant was charged by information with unlawful possession with intent to deliver […]
The post Forget The Dog Police Can Rely On Their Own Nose To Detect Cannabis first appeared on IllinoisCaseLaw.com.
People v. Patel, 2019 IL App (2d) 170766 (March). Episode 603 (Duration 19:01) State failed to produce discover for the SSS Hearing, they subsequently blew Trainor. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Charges Defendant was charged with two counts of driving while under the influence of alcohol […]
The post Court Is Taking The Discovery Rules Seriously In Summary Suspension Hearings first appeared on IllinoisCaseLaw.com.
People v. Spicer, 2019 IL App (3d) 170814 (March). Episode 602 (Duration 11:56) Can the prosecution compel you to give up your phone password? Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Charges Defendant was arrested for unlawful possession of a controlled substance and later also charged with knowingly […]
The post Can The State Compel You To Give Up Your Phone Passcode? first appeared on IllinoisCaseLaw.com.
People v. Holmes, 2019 IL App (1st) 160987 (March). Episode 601 (Duration 9:33) An essentially anonymous tip was treated as wholly unreliable resulting in an outright reversal of this gun conviction. Gist Police approach a man with a gun and pat him down. Facts A Chicago police officer received information from a sergeant, who received information […]
The post When Easily Identifiable Informants Are Treated As Anonymous Tipsters first appeared on IllinoisCaseLaw.com.
Scott’s Law in Illinois is the requirement that drivers slow down and move over when police cars or other emergency vehicles are stopped on the roadway. Scott’s Law Basically Says… Scott’s law requires that a driver proceed cautiously when an emergency vehicle is stopped and Move over and change lanes and/or Slow down if changing […]
The post Scott’s Law In Illinois 625 ILCS 5/11-907(c) first appeared on IllinoisCaseLaw.com.
In re K.M., 2019 IL App (1st) 172322 (February). Episode 595 (Duration 13:05) Police entered onto private property without a warrant to retrieve stolen property, the fallout is widespread. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Anonymous Call Sauk Village Police Department received an anonymous call on, around […]
The post Police Search This Property Without A Warrant State Concedes Some Illegality first appeared on IllinoisCaseLaw.com.
People v. Day, 2019 IL App (4th) 160217 (January). Episode 588 (Duration 16:46) He wasn’t behind the wheel but state still proved he was driving. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD See also the subsequent opinion: People v. Day, 2019 IL App (4th) 160217-B (September). Issue According to […]
The post Defendant Says This Was A DUI With No Proof Of Driving first appeared on IllinoisCaseLaw.com.
People v. Monroy-Jaimes, 2019 IL App (2d) 160426 (January). Episode 586 (Duration 9:38) Interesting use of an informant, how much of it was legal? Confidential Informant Police had an individual who was in custody for having possessed drugs with the intent to deliver. This confidential informant identified a person named “Chilango,” who was later identified as […]
The post When Is A Criminal Informant Considered A Witness Who Has To Testify? first appeared on IllinoisCaseLaw.com.
People v. Hill, 2019 IL App (4th) 180041 (January). Episode 584 (Duration 16:08) Officer sees passenger riding low in the seat and thinks it may be a guy wanted on warrant, turns out it wasn’t him. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Issue Defendant filed a motion […]
The post Traffic Stop Based On Mistaken Identity Leads To An Odor Of Cannabis first appeared on IllinoisCaseLaw.com.
People v. Relwani, 2019 IL 123385 (January). Episode 582 (Duration 10:18) You Can’t Be Suspended On Private Property: How To Prove A Private Property Recession of Suspension. Here’s the lower court opinion. People v. Relwani, 2018 IL App (3d) 170201 (February). Episode 471 (Duration 7:01) Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID […]
The post DUI License Suspension On Private Property first appeared on IllinoisCaseLaw.com.
Episode 724 (Duration 33:57). Chicago defense attorney Peter Lewis explains what a litigant can do… when their criminal discovery is missing the police body cam video. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Attorney Peter Lewis Peter Lewis has been an Illinois attorney since 2004. He currently […]
The post Expect Defense Attorneys To Loose Their Mind When You Don’t Give Them The Body Cam Video first appeared on IllinoisCaseLaw.com.
Kane County Sheriff Ron Hain has instituted a series of new inmate programs. Episode 667 (Duration 34:37) The Kane County Jail’s new Diversion Program is making every effort to leave detainees better off than when they came into the jail. In This Episode… “‘Go and get that bad guy’ is actually a bad way to […]
The post Ron Hain Kane County Sheriff Has An Interesting Program In The Jail first appeared on IllinoisCaseLaw.com.
Mitchell v. Wisconsin, SCOTUS No. 18–6210, Decided June 27, 2019. Episode 647 (Duration 22:02) (Police can draw blood from unconscious DUI suspect.) Mitchell v. Wisconsin Says Warrantless Blood Draw By Police Is Legal In Some Circumstances Unconscious drivers plus natural BAC dissipation create an exigent circumstance for a blood draw. Unconscious Driver Pose An Elevated Risk The court […]
The post Mitchell v. Wisconson on Warrantless Blood Draw first appeared on IllinoisCaseLaw.com.
Episode 643 (Duration 31:51) Illinois attorney Gary True explains the risk involved for anyone who reveals their gun in public. Licensed and unlicensed gun carriers have something to worry about. In This Episode… “A law abiding person that exposes his gun too much, what ever too much is, is subject to being charged and subject to being […]
The post In Light Of The New Gun Laws Can An Illinois Officer Stop And Detain A Person With A Gun? first appeared on IllinoisCaseLaw.com.
People v. Kruckenberg, 2019 IL App (3d) 170505-U. Episode 628 (Duration 31:43). Matthew Paulson and Larry Vandersnick describe a drug interdiction traffic stop and analyze where it went wrong for the prosecution. In This Episode… “The appellate court is looking at what is actually going on in the case versus just looking at the total amount […]
The post What Happens During A Traffic Stop first appeared on IllinoisCaseLaw.com.
People v. Caraballo, 2019 IL App (1st) 171993 (March). Episode 613 (Duration 12:55) (Officer was not certified at the time of the breathalyzer, but was he substantially certified?) This is a DUI stop with an arrest. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Gist The jury found defendant […]
The post Police Officer’s Breathalyzer Certification Was Expired Becomes A Big Problem In This DUI first appeared on IllinoisCaseLaw.com.
People v. Rebollar-Vergara, 2019 IL App (2d) 140871 (March). Episode 616 (Duration 15:29) Defendant gets into an argument with a guy and his buddy ups and shoots him, then sloppy questioning happens in the grand jury room. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Facts Defendant and his buddy […]
The post Officers Have To Be Very Careful About How They Answer Questions In The Grand Jury Room first appeared on IllinoisCaseLaw.com.
People v. Cunningham, 2019 IL App (1st) 160709 (March). Episode 611 (Duration 9:18) Defendant gets 3 years for shooting himself in the leg in a housing project; this UUW version is constitutional. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD See Also These Prior Constitutionality Cases Episode 610 – […]
The post It’s Completely Legal To Ban Guns From Public Housing first appeared on IllinoisCaseLaw.com.
People v. Thomas, 2019 IL App (1st) 170474 (March). Episode 609 (Duration 11:51) Police see a defendant hand a gun to another person and then try to run and hide. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD First See Episode 552 – People v. Bonilla, 2018 IL 122484 (October) (Supreme Court […]
The post Police Chase Some Men, See A Gun And Arrest Them – Is That Legal? first appeared on IllinoisCaseLaw.com.
Timbs v Indiana Timbs v. Indiana, 2019 SCOTUS (February). Episode 594 (Duration 24:32) Eighth Amendment ban on excessive fines and forfeitures extends to the states. Issue The question presented: Is the Eighth Amendment’s Excessive Fines Clause an “incorporated” protection applicable to the States under the Fourteenth Amendment’s Due Process Clause? Facts Tyson Timbs pleaded guilty […]
The post Timbs v. Indiana on Excessive Asset Forfeitures first appeared on IllinoisCaseLaw.com.
People v. Bowden, 2019 IL App (3d) 170654 (February). Episode 591 (Duration 11:29) Another example of evidence that was admitted to demonstrate the course of the police investigation. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Facts The officer was following defendant’s vehicle, in Carthage, Illinois, in the westbound […]
The post Downstate Police Department Takes Advantage Of This Weird Traffic Line To Stop Cars first appeared on IllinoisCaseLaw.com.
Episode 579 (Duration 16:25) What is happening in Illinois with the mistake of law doctrine? Here is a round up of recent mistake of law cases. In Re Maurice J. In re Maurice J., 2018 IL App (1st) 172123 (June). Episode 506 (Duration 8:18) Officer not knowing the traffic law he says he was enforcing is not the same as […]
The post Mistake of Law Doctrine first appeared on IllinoisCaseLaw.com.
People v. Pratt, 2018 IL App (5th) 170427 (December). Episode 574 (Duration 6:41) Warrantless blood draw after an accident deemed unconstitutional blood results excluded. Gist The Ford Expedition he was driving struck a tractor trailer, causing extensive damage to the defendant’s vehicle. Daniel Tutor, a passenger in the defendant’s vehicle, died at the scene. The defendant sustained […]
The post Police Have To Be Reminded To Go Get A Warrant Before They Draw Dude’s Blood first appeared on IllinoisCaseLaw.com.
People v. Manzo, 2018 IL 122761 (December). Episode 573 (Duration 10:14) This one will be controversial: Illinois Supreme Court holds their was no nexus to the house justifying the search warrant. Gist 3 buys from a guy is used for a search warrant into the house the guy came from. None of the buys occurred at the […]
The post In This Search Warrant Application The Nexus To Defendant’s House Was Bare-Bones & Lacking first appeared on IllinoisCaseLaw.com.
People v. Mueller, 2018 IL App (2d) 170863 (December). Episode 572 (Duration 8:47) Jeep touches the traffic lines 3 times and gets stopped, reasonable? Charges Defendant was charged with driving under the influence of alcohol (625 ILCS 5/11-501(a)(1), (a)(2)) and improper lane usage (ILU) (625 ILCS 5/11-709(a)). Innocent Left Turn Defendant’s Jeep was stopped in the […]
The post What If You Just Touch The Line But Don’t Cross It Can You Be Stopped? first appeared on IllinoisCaseLaw.com.
People v. Quigley, 2018 IL App (1st) 172560 (November). Episode 565 (Duration 9:50) He was plastered and sends his car air born on the expressway, nonetheless, he says his hospital blood can’t be considered in a civil suspension hearing. Gist Defendant was involved in a multi-car collision and was transported from the scene by ambulance to […]
The post Defendant Argued His Hospital Blood Could Not Be Used Against Him In A Civil Suspension Hearing first appeared on IllinoisCaseLaw.com.
People v. Sadeq, 2018 IL App (4th) 160105 (November). Episode 563 (Duration 15:18) Steigmann says the delay to have the drug dog come out was justified because defendant was, in part, extremely nervous. Gist Traffic stop leads to a dog sniff and a car search. Stolen cigarettes destined for resale were discovered in the car. The Trooper […]
The post Driver’s Nervousness Justified The Delay For The Drug Dog To Come Out first appeared on IllinoisCaseLaw.com.
People v. Williams, 2018 IL App (2d) 160683 (October). Episode 558b (Duration 11:25) Challenging this DUI traffic stop gave us a reason to review exactly what it takes for police to find probable cause for a DUI arrest in Illinois. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD The Stop […]
The post DUI Arrest, What Is The Minimum Amount Of Evidence Required? first appeared on IllinoisCaseLaw.com.
Interview with attorney Charles Schierer. Episode 556 (Duration 24:34). Charles Schierer of East Peoria, Illinois, explains why it’s a good time to change the “smell of cannabis” rule. In This Episode… “Would it be wrong to say well maybe an officer needs to observe something: ashes, a burning joint, rolling papers, a lighter, something?“ — Charles […]
The post Small Of Cannabis Rule Survives An Assault first appeared on IllinoisCaseLaw.com.
People v. Montgomery, 2018 IL App (2d) 160541 (October). Episode 555 (Duration 14:02) It’s unclear if the video ever existed, regardless, it was not tendered to defense counsel, and it’s unclear what’s the best remedy. Gist Defendant was cited for DUI involving alcohol, DUI involving drugs, and various traffic offenses. Before trial, the state was ordered […]
The post What To Do, What To Do About Lost, Destroyed, or Missing Video? first appeared on IllinoisCaseLaw.com.
People v. Bonilla, 2018 IL 122484 (October). Episode 552 (Duration 8:50) Constitutional violation did not depend on whether the common door to the apartment was locked. See Also Episode 364 – People v. Bonilla – Do Single Family Homes Have More Constitutional Protection Than Apartment Buildings? Episode 464 – Constitutionality Based On Structure: Do Houses Have More Protection Than […]
The post Illinois Drug Dog Case: Supreme Court Is Pushed To Decide If Apartments Have Less Constitutional Protection Than Houses first appeared on IllinoisCaseLaw.com.
People v. Lopez, 2018 IL App (1st) 153331 (October). Episode 549 (Duration 12:56) Is the identity of a driver subject to suppression after an illegal traffic stop? Gist On appeal, defendant contends that the court erred in denying his motion to quash arrest and suppress evidence. Specifically, he argues that the anonymous tip relied upon by […]
The post Anonymous Tip On A DUI Has Got To Be Specific Plus Identity Information Is Suppressible first appeared on IllinoisCaseLaw.com.
People v. Nere, 2018 IL 122566 (September). Episode 541 (Duration 26:58) Prepare for a PhD on criminal causation in this drug overdose case. Gist Defendant was charged with drug-induced homicide after her friend overdosed. Facts The victim died in the bathroom of her mother’s apartment in Wheaton. Friends and family had gathered to celebrate her release from prison. […]
The post What Is Criminal Causation In Illinois? first appeared on IllinoisCaseLaw.com.
People v. Gocmen, 2018 IL 122388 (September). Episode 540 (Duration 14:15) In obvious cases an officer need not be a drug detection expert to conclude a driver is under the influence of drugs. Lower Case Opinion People v. Gocmen, 2017 IL App (3d) 160025 (March). Episode 331 (Duration 7:57) Officer untrained in the use of narcotics doesn’t know […]
The post Expert Testimony On Drug Use Is Not Always Required Sometimes Any Joe Shmoe Can Identify Impairment From Drug Use first appeared on IllinoisCaseLaw.com.
People v. Dailey, 2018 IL App (1st) 152882 (September). Episode 539 (Duration 7:14) One hand to hand creates reasonable suspicion for a traffic stop. Charges Defendant was charged by information with the offense of being an armed habitual criminal, possession of a controlled substance with intent to deliver, unlawful use or possession of a weapon by a felon, […]
The post Reasonable Suspicion: One Hand-To-Hand Justifies The Stop But It Was A Close One first appeared on IllinoisCaseLaw.com.
People v. Walker, 2018 IL App (4th) 170877 (September). Episode 536 (Duration 10:58) Turns out we’ve been misreading the “proper turn” statute all along. Gist Defendant was stopped for an improper left turn and received a ticket for driving while his license was revoked (625 ILCS 5/6-303). He filed a motion to suppress evidence from the […]
The post How To Make A Legal Left Hand Turn In Illinois? first appeared on IllinoisCaseLaw.com.
People v. Thomas, 2018 IL App (4th) 170440 (August). Episode 533 (Duration 18:57) The court takes the time to go through the signs of drug trafficking interdiction officers are trained to look for. Charges Count I charged defendant with trafficking in cannabis (more than 2500 grams) (720 ILCS 550/5.1(a)), count II charged him with unlawful possession of cannabis […]
The post Unreasonable Delay For A Drug Dog Sniff – Accumulation of Road Trash Is Not Reasonable Suspicion first appeared on IllinoisCaseLaw.com.
The plain view doctrine allows police to seize property without a warrant if its criminality is readily apparent. The doctrine requires that: (i) The officer be lawfully in a position from which he observes the property,(ii) The incriminating character of the property is immediately apparent, and(iii) The officer had a lawful right of access to the […]
The post Plain View Doctrine Examples & Cases first appeared on IllinoisCaseLaw.com.
People v. Varnauskas, 2018 IL App (3d) 150654 (July). Episode 521 (Duration 24:46) What does the new license plate obstruction statute say? Gist 2 kilos of heroin and 1 kilo of cocaine were found under defendant’s hood. He was sentenced to 40 years on prison. Facts Defendant was stopped because his rear license plate was obscured by […]
The post Probable Cause Dissipation: When Does It End? Can Police Move The Car To A Garage When They Can’t Find Anything? first appeared on IllinoisCaseLaw.com.
In re O.S., 2018 IL App (1st) 171765 (June). Episode 509 (Duration 7:03) Can the odor of weed still justify a traffic stop even after the cannabis legislation? Charges Minor respondent O.S. was adjudicated delinquent of the offenses of aggravated unlawful use of a weapon and unlawful possession of a weapon and committed to the Department of […]
The post The Smell Of Cannabis Still Supports Probable Cause For A Full Vehicle Search first appeared on IllinoisCaseLaw.com.
Carpenter v. United States, SCOTUS June 2018. Episode 508 (Duration 17:52) Carpenter v. United States Says Police Need A Warrant To Get It Your Cell Site Location Data Police need a warrant to capture your CSLI. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD The Charge Defendant was charged […]
The post Carpenter v. United States on Cell Site Location first appeared on IllinoisCaseLaw.com.
In re Maurice J., 2018 IL App (1st) 172123 (June). Episode 506 (Duration 8:18) Officer not knowing the traffic law he says he was enforcing is not the same as being reasonably confused about the law. Gun Case The minor respondent was charged in juvenile court and adjudicated for UUW under 21. The minor was sent to JIDOC […]
The post Mistake Of Law Doctrine Requires A Genuinely Ambiguous Law first appeared on IllinoisCaseLaw.com.
People v. Wilkinson, 2018 IL App (3d) 160173 (June). Episode 504 (Duration 15:06) Defendant beats back a racist aggressor; now he’s doing 3 years. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Gist A big white dude walks up to defendant’s front door with another guy. When Defendant gets […]
The post Here’s A Guy That Didn’t Need To Be Charged first appeared on IllinoisCaseLaw.com.
Episode 501 (Duration 40:36) 3 criminal law cases from the Supreme Court of the United States were released in the second quarter of 2018. Here they are… Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD In This Episode… We discuss the following cases: Byrd v. United States (May 2018) […]
The post 3 SCOTUS Criminal Law Cases Covering Rental Cars, Pleading Innocence and Warrantless Searches On Private Property first appeared on IllinoisCaseLaw.com.
Armed Violence Statute The gist behind the armed violence offense in Illinois is to create a more serious felony offense anytime a person commits a felony while armed with a weapon. Dangerous Weapon The Illinois armed violence statute is found at 720 ILCS 5/33A-2(a)(1) of the Criminal Code of 2012. It states: “A person commits […]
The post Armed Violence Illinois Felony Offense first appeared on IllinoisCaseLaw.com.
People v. Tatera, 2018 IL App (2d) 160207 (May). Episode 498 (Duration 7:21) 9th DUI for this guy; 8 years seems about right. Gist This is defendant’s 9th DUI. He got 8 years. HGN Issue There were no fields and no blow but the video showed him all dazed and confused and not following instructions. Defendant […]
The post When HGN Results Are Inadmissible Can The State Get Into How The Defendant Was Acting A Fool? first appeared on IllinoisCaseLaw.com.
Episode 496 (Duration 13:26) Here’s a quick summary of 5 recent “pat down” cases. 5 Illinois Pat Down Search Cases That Explain When You Can Pat & When You Can’t 3 Go for the State, and 2 come out in favor of the defense. In This Episode… We discuss the following cases: People v. Richardson, 2017 IL App […]
The post Pat Down Search What You Need To Know first appeared on IllinoisCaseLaw.com.
Collins v. Virginia, 584 U.S. ___, 138 S. Ct. 1663 (2018). Episode 495 (Duration 11:20) Police need a warrant to search a vehicle on private property. Issue This case presents the question whether the automobile exception to the Fourth Amendment permits a police officer, uninvited and without a warrant, to enter the curtilage of a […]
The post Collins v. Virginia: The Vehicle Exception Does Not Supersede The Warrant Requirement When Vehicle Is On Private Property first appeared on IllinoisCaseLaw.com.
People v. Gomez, 2018 IL App (1st) 150605 (April). Episode 492 (Duration 8:05) Police roll up on a parked car and order everyone out; they find a gun. Gist Defendant was sentenced to 7 years for a gun. The Car 3 officers are in an unmarked squad car when they notice the same Grand Marquis driving […]
The post Justified Pat Down: Acting Kooky In The Back Seat Is Going To Get You Ordered Out Of The Car first appeared on IllinoisCaseLaw.com.
People v. Gill, 2018 IL App (3d) 150594 (April). Episode 491 (Duration 5:33) Police had a nurse confiscate defendant’s clothes for them. Gist Defendant was charged with aggravated arson of a home when people were in it. He ends up at the hospital where a nurse gathers his clothes and gives it to the police. Defendant […]
The post Nurse Acting In Behalf Of The Police Became A State Actor And They Needed To Go Get A Warrant first appeared on IllinoisCaseLaw.com.
People v. Sanchez, 2018 IL App (1st) 143899 (April). Episode 488 (Duration 18:22) Involuntary confession and improper closing arguments lead to this Illinois wrongful murder conviction. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Gist In 2013 Maniac Latin Disciples, encountered several members of the Sureños, a rival street […]
The post Did The Police Rush To Judgment And Arrest The Wrong Guy For Murder? first appeared on IllinoisCaseLaw.com.
People v. Smock, 2018 IL App (5th) 140449 (April). Episode 489 (Duration 7:09) Defendant is getting arrested for disorderly conduct when recedes further into his house to prevent arrest, police follow him in and arrest him. Gist Police were responding to a noise complaint at a trailer park. Defendant gets arrested for Disorderly Conduct. A jury […]
The post This Hot Pursuit Of A Disorderly Conduct Suspect Didn’t Justify The Warrantless Entry Into The Trailer first appeared on IllinoisCaseLaw.com.
People v. Allard, 2018 IL App (2d) 160927 (February). Episode 486 (Duration 9:35) Lake County State Attorney didn’t sign the applications for the recorded phone calls so they are invalid. Gist Defendants were indicted for racketeering conspiracy, racketeering, criminal drug conspiracy, street gang criminal drug conspiracy, controlled substances trafficking, and unlawful possession of a controlled substance […]
The post Big Problem In Lake County When State’s Attorney Didn’t Sign The Overhear Applications first appeared on IllinoisCaseLaw.com.
People v. Lawson, 2018 IL App (4th) 170105 (March). Episode 483 (Duration 8:25) Defendant had a rare blood condition, that was not considered an extraordinary circumstance. Gist Defendant drove on a suspended license a “silver Nissan” around 1:30 a.m., after consuming alcohol that evening. The Accident An accident reconstructionist would testify defendant approached the intersection of […]
The post Rare Blood Disease Does Not Constitute Extraordinary Circumstance In This Aggravated DUI first appeared on IllinoisCaseLaw.com.
Episode 481 (Duration 11:39) Police investigations and follow up prosecutions of other police officers involve slightly different constitutional concerns. Garrity v. New Jersey Establishes Special Rules When An Officer Becomes The Target Of An Investigation In This Episode… We discuss the following case: Garrity v. New Jersey, 385 U.S. 493, 87 S.Ct. 616 (1967). Gist of the […]
The post Garrity v. New Jersey first appeared on IllinoisCaseLaw.com.
People v. Boose, 2018 IL App (2d) 170016 (March). Episode 476 (Duration 11:08) Sloppy drafting of a warrant means all the murder evidence is out. Gist The victim was beat with a broom and died in the hospital. Defendant was her husband and their 7 year old granddaughter was living with them and she saw the […]
The post Police Use The Wrong Kind Of Warrant In A Murder Investigation first appeared on IllinoisCaseLaw.com.
People v. Relwani, 2018 IL App (3d) 170201 (February). Episode 471 (Duration 7:01) In this Illinois DUI prosecution, Defendant loses his SSS hearing because he didn’t establish the Walgreen’s parking lot was privately maintained. Gist Defendant lost his motion to rescind statutory summary suspension. Facts Defendant was asleep in the driver’s seat of his vehicle in […]
The post A DUI Arrest On A Private Parking Lot Cannot Lead To Driver License Suspension first appeared on IllinoisCaseLaw.com.
People v. Robledo, 2018 IL App (2d) 151142 (February). Episode 470 (Duration 7:10) Defendant blew .082 she argued the margin of error of the machine means the state didn’t prove she was .08. Traffic Stop Officer Michael Bond of the Mundelein Police Department observed defendant driving a car with only one headlight illuminated. He followed the […]
The post How Accurate Is A DUI Breathalyzer? first appeared on IllinoisCaseLaw.com.
Episode 469 (Duration 26:45) Here’s a quick summary of Illinois cases that deal with non consensual, forceable, warrantless blood draws. In This Episode… We discuss the following cases: Birchfield v. North Dakota, 136 S. Ct. 1260 (2016) Missouri v. McNeely v. 569 U.S. 141 (2013) People v. Rennie, 2014 IL App (3d) 130014 (May) People v. Brooks, 2017 IL […]
The post Summary of Illinois Forced Blood Draw Case: When Can Police Go The Hospital To Get Driver’s Blood? first appeared on IllinoisCaseLaw.com.
People v. Meo, 2018 IL App (2d) 170135 (March). Episode 468 (Duration 14:08) Gas station attendant calls the police on defendant to report he almost hit the building, so DUI stop justified. Gas Attendant Calls It In At about 8:30 p.m., Scott was dispatched to Casey’s General Store (Casey’s), located at the intersection of Plank Road […]
The post Citizen’s Tip That Driver Almost Hit The Building Justifies Investigatory Stop For DUI first appeared on IllinoisCaseLaw.com.
Episode 464 (Duration 19:10) Here’s a quick summary of the cases that suggest, that maybe, houses have more constitutional protection than apartments. In This Episode… We discuss the following cases: Florida v. Jardines, 133 S. Ct. at 1409 (2013) People v. Burns, 2016 IL 118973 (March) People v. Bonilla, 2017 IL App (3d) 160457 (June) People v. Martin, […]
The post Do Houses Have More Protection Than Apartments? first appeared on IllinoisCaseLaw.com.
People v. Hayes, 2018 IL App (5th) 140223 (February). Episode 461 (Duration 17:53) Defendant runs over and kills a 7 year old boy, however, the resulting DUI blood draw is out because defendant was never under arrest. Hits & Kills A Little Boy Defendant was driving home from the store with two of his children. One […]
The post Consensual Blood Draw In An Illinois DUI Has To Be Clear And Unequivocal Especially If You Have Not Been Ticketed first appeared on IllinoisCaseLaw.com.
Episode 459 (Duration 54:23) What do police think about the case law? Do they think about the case law? Matthew Taylor provides some insight. In This Episode… “I think that they got it right. It shows that the courts are taking an understanding of what an officer has to do on a daily basis and they are […]
The post Former Police Officer Now Has A Law Degree And Says This About The 4th Amendment first appeared on IllinoisCaseLaw.com.
People v. Lee, 2018 IL App (3d) 170209 (February). Episode 458 (Duration 6:59) In this search and seizure case 25 minute wait for the sniff dog was too long. Drug Charges The State charged defendants, Wan Fung Lee and Jacky Yao Chuan Xiong, with unlawful cannabis trafficking (720 ILCS 550/5.1(a)), unlawful possession with intent to deliver […]
The post “No Talking” Command Was An Order Not A Request And An Unreasonable Seizure first appeared on IllinoisCaseLaw.com.
People v. Mumaugh, 2018 IL App (3d) 140961 (January). Episode 453 (Duration 16:35) Defendant was driving under the speed limit when he hit a girl wearing all black in the middle of night when she was standing in the middle of the roadway. This is an Illinois DUI case. Defendant Mumaugh was 43 years old at […]
The post Defendant’s Perfect Driving Was Not The Proximate Cause Of The Accident first appeared on IllinoisCaseLaw.com.
In re Jarrell C., 2017 IL App (1st) 170932 (December). Episode 447 (Duration 14:47) Holding your crotch is not indicative of carrying a gun; Illinois fails to apply the exclusionary rule after police discover a warrant notwithstanding Utah v. Strieff. See Utah v. Strieff Episode 185 – Thomas Guts the Exclusionary Rule – Utah v. Strieff […]
The post State Argued For Application Of The Attenuation Doctrine In The Face Of This Obvious 4th Amendment Violation first appeared on IllinoisCaseLaw.com.
People v. Heritsch, 2017 IL App (2d) 151157 (December). Episode 446 (Duration 7:36) Everything could be tracked and timed with the video, if there is more than one officer at the scene then state has the best chance of winning a motion to suppress evidence. Charges Following a stipulated bench trial in the circuit court of […]
The post Successful Roadmap To Conducting A Sniff Dog Test During A Traffic Stop first appeared on IllinoisCaseLaw.com.
In re D.L., 2017 IL App (1st) 171764 (December). Episode 445 (Duration 9:29) Kid is seen walking away from the location of a “shots fired”, he starts to run, when they catch him he has a gun. Gist Respondent was charged with various gun charges in juvenile court. He filed a motion to quash defendant’s arrest […]
The post Running Away From A Shot’s Fired Scene Seems Reasonable: Can Police Stop Everyone Seen Running Away? first appeared on IllinoisCaseLaw.com.
People v. Ross, 2017 IL App (4th) 170121 (December). Episode 444 (Duration 9:50) Police put the wrong address on the search warrant. Now what happens? This is an Illinois search and seizure opinion. Charges The State charged defendants, James A. Ross and Ryan A. Schriefer, with unlawful possession with intent to deliver cannabis while within 1000 […]
The post Search Warrant Problems | Wrong Address Goes On The Search Warrant first appeared on IllinoisCaseLaw.com.
People v. Sykes, 2017 IL App (1st) 150023 (December). Episode 439 (Duration 9:13) Cops help hold her down while they force catheterize her, was this an illegal seizure after they captured and tested her urine? Gist Ladina Sykes and her two children were leaving a beach in Evanston when their car struck a wall in the […]
The post Police Arrest The Defendant And Hold Her Down While She’s Catheterized NonetheLess No State Action first appeared on IllinoisCaseLaw.com.
People v. Eubanks, 2017 IL App (1st) 142837 (December). Episode 438 (Duration 12:56) On December 21, 2009 defendant ran over a mom and child killing the mom when he refused to give blood or urine they held him done so they could draw it. Gist In this case, Eubanks was arrested in connection with a hit-and-run […]
The post In This Forced Blood Draw Case Defendant Argues There Was Exigent Circumstances That Justified A Warrantless Blood Draw At The Hospital first appeared on IllinoisCaseLaw.com.
People v. Lomeli, 2017 IL App (3d) 150815 (December). Episode 434 (Duration 9:18) Defendant gets stopped for having a rosary hanging from his rearview mirror. Gist Defendant gets pulled over for having a rosary dangling from his front mirror. Facts Officer actually said he saw something hanging that might have been obstructing the driver’s view. The […]
The post Does A Dangling Rosary Justify A Traffic Stop Because It Obstructs The Driver’s View? first appeared on IllinoisCaseLaw.com.
People v. Beck, 2017 IL App (4th) 160654 (November). Episode 424 (Duration 11:51) Defendant crosses the centerline and collides head on with another car resulting in serious brain damage to the other driver, this 54 page opinion results. Bad Accident This was a head on collision that resulted in brain damage with long-term and lasting […]
The post Retrograde Extrapolation Evidence Is Back Stronger And Better Than Ever first appeared on IllinoisCaseLaw.com.
People v. Brooks, 2017 IL 121413 (November). Episode 423 (Duration 13:50) Defendant is taken to the hospital kicking and screaming literally against his will and his blood is drawn. Motorcycle Accident Police arrive to the scene of motorcycle accident. No other cars were involved. Witnesses told the police that defendant was riding the bike and he […]
The post Forced Blood Draw In This Illinois DUI Sustained By The Illinois Supreme Court first appeared on IllinoisCaseLaw.com.
People v. Manzo, 2017 IL App (3d) 150264 (October). Episode 421 (Duration 7:17) In this search warrant application bones affidavit nonetheless establishes a nexus to defendant’s house. Gist The jury found defendant guilty of unlawful possession of a weapon by a felon but acquitted him of unlawful possession of a controlled substance with intent to deliver. […]
The post Bare Bones Affidavit Allegedly Does Not Establish A Nexus To The House Searched first appeared on IllinoisCaseLaw.com.
People v. Durden, 2017 IL App (3d) 160409 (November). Episode 420 (Duration 7:33) Can police ask for blood after you pass the breathalyzer? Gist Defendant is arrested for DUI. He passes the breathalyzer. Then he refuses to submit to blood or urine testing, and he’s suspended. On appeal he challenges the denial of his petition to […]
The post Do You Have To Give Blood If You Pass The Breathalyzer? first appeared on IllinoisCaseLaw.com.
People v. Paddy, 20172017 IL App (2d) 160395 (October). Episode 417 (Duration 14:30) Drug interdiction patrol officer unreasonably prolonged this traffic stop for a drug dog sniff. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD The Stop After stopping the Impala for following too closely, Sergeant Hain […]
The post Unreasonably Prolonged Traffic Stop Masks Other Problems With Dog first appeared on IllinoisCaseLaw.com.
People v. Connors, 2017 IL App (1st) 162440 (September). Episode 404 (Duration 9:32) DUI dismissed because prosecutor did not show due diligence in getting the trooper to court for trial. Facts A trooper saw a black sedan veer to the left across the lane markings and then to the right so that half the car crossed […]
The post DUI Dismissed After State Trooper Consistently Does Not Come To Court first appeared on IllinoisCaseLaw.com.
People v. Pulido, 2017 IL App (3d) 150215 (August). Episode 403 (Duration 9:59) After a traffic stop the car is towed to the police station so it could be searched more thoroughly. Gist It turns out the defendant was under investigation by a narcotics unit and they had tipped of the trooper to defendant’s car. Six […]
The post Investigative Stop And Car Search Must Cease Once Probable Cause Dissipates first appeared on IllinoisCaseLaw.com.
In re Tyreke H., 2017 IL App (1st) 170406 (September). Episode 402 (Duration 10:10) Kid on a bike is stopped because he’s a witness to a murder, then they see a gun in his pocket. Charges The State filed a petition for adjudication of wardship, charging Respondent with two counts of aggravated unlawful use of a […]
The post Kid On A Bike Stopped For Questioning In A Murder (Think Roadblock For One) first appeared on IllinoisCaseLaw.com.
People v. Bianca, 2017 IL App (2d) 160608 (September). Episode 401 (Duration 6:26) In this DUI the officer jumps right into FSTs before corroborating the unamous tip. Anonymous Tip LaBarbera testified that he was performing a traffic stop when a citizen drove by and reported seeing a car driving “recklessly and all over the road” and […]
The post Field Sobriety Tests In A DUI Investigation Are Ordinarily Considered A Seizure first appeared on IllinoisCaseLaw.com.
Missouri v. Stockley, 1622 CR 02213-01 (September 2017). Episode 397 (Duration 39:07). Former St. Louis Officer Jason Stockley acquitted of Murder. Here’s what they didn’t tell you. In This Episode “It seems more reasonable to conclude that what the State characterizes as a ‘puff of smoke’ was in reality exhaled breath in cold air. Puffs of […]
The post A Rational Review Of The Jason Stockley Acquittal Why This Officer Was Not Guilty Of Murder first appeared on IllinoisCaseLaw.com.
People v. Ramsey, 2017 IL App (1st) 160977 (August). Episode 391 (Duration 8:51) Police take some bloody glass from defendant’s house after responding to an emergency; did they need a search warrant? Facts Defendant arranged with the victim to pay her for sex on line. As they got to the top of the stairs, Ramsey placed […]
The post What’s The Full Extent Of The Emergency Aid Exception To The Warrant Requirement? first appeared on IllinoisCaseLaw.com.
People v. Holmes, 2017 IL 120407 (July). Episode 387 (Duration 10:12) Illinois Supreme Court adopts the federal rule in holding that gun arrests before Aguilar are supported by probable cause. Issue Defendant filed a motion to quash his arrest and suppress evidence. He says the probable cause underlying defendant’s arrest was based solely upon a violation […]
The post Since Guns Are Legal To Own Can An Officer Stop You Just For Seeing Your Gun?? first appeared on IllinoisCaseLaw.com.
People ex rel. Glasgow v. Carlson, 2016 IL 120544 (December). Episode 382 (Duration 10:20) Mandamus awarded to force trial court to sentence defendant as a class X offender. Sentencing Dispute Petitioner, James W. Glasgow, State’s Attorney of Will County, seeks mandamus pursuant to Illinois Supreme Court Rule 381 against respondent, the Honorable David M. Carlson, […]
The post Third or More DUI’s Is Considered Aggravated DUI And Subjects Offender To Stiffer Penalties. first appeared on IllinoisCaseLaw.com.
People v. O’Donnell, 2015 IL App (4th) 130358 (March). Episode 381 (Duration 12:56) Officer says she could tell defendant was not telling the truth when he told her his story. Single Car Accident Beckett testified he responded to a car accident at approximately 12:46 a.m. and no driver was found at the scene. At 1:12 […]
The post Police Not Allowed To Testify They Can Tell When An Arrestee Is Lying first appeared on IllinoisCaseLaw.com.
People v. Martin, 2017 IL App (4th) 150021 (June). Episode 380 (Duration 9:58) A little police opinion testimony was not a problem. Single Car Accident Defendant was convicted of aggravated DUI. The Trooper discovered a black car in the ditch and two men standing outside the vehicle. The Trooper asked if the men were all […]
The post In DUI Trial Officer Can Give Opinion Testimony Of Intoxication first appeared on IllinoisCaseLaw.com.
People v. Bonilla, 2017 IL App (3d) 160457 (June). Episode 364 (Duration 15:16) Constitutional violation did not depend on whether the common door to the apartment was locked. Basic Facts On a tip police bring a dog to an apartment complex in Moline, Illinois. The exterior doors leading into the apartment building’s common-area hallways were […]
The post Do Single Family Homes Have More Constitutional Protection Than Apartment Buildings? first appeared on IllinoisCaseLaw.com.
People v. Martin, 2017 IL App (1st) 143255 (June). Episode 363 (Duration 17:41) Constitutional violation depended on whether the 2 story flat was more like a single family home or an apartment building. A Drug Deal? Police searched a home without a warrant. Police say they observed a man approach defendant and raise his right index […]
The post Constitutional Violations Depends On Whether The 2-Story Flat Is More Like Single Family Home Or More Like Apartment Building first appeared on IllinoisCaseLaw.com.
People v. Ringland, 2017 IL 119484 (June). Episode 360 (Duration 13:06) Prosecutors cannot designated officials with general policing power. Basic Facts 5 defendants were each stopped by Jeffrey Gaither, a special investigator for the La Salle County State’s Attorney. Each traffic stop occurred on Interstate 80 in La Salle County and resulted in the discovery […]
The post Illinois Supreme Court Says LaSalle County Prosecutor Cannot Have His Own Police Force first appeared on IllinoisCaseLaw.com.
People v. Richardson, 2017 IL App (1st) 130203-B (May). Episode 355 (Duration 6:52) This pat down was justified after Defendant was fidgeting with his waistband and reaching for something after he was told to show them his hands. Facts Officers stop a car matching the general description of a stolen car. Officer Akinbusuyi approached the vehicle […]
The post This Illinois Pat Down By Police Was Justified Because Defendant Was Fidgeting With His Waistband first appeared on IllinoisCaseLaw.com.
People v. Veal, 2017 IL App (1st) 150500 (May). Episode 350 (Duration 4:30) When a driver is arrested does that then mean that the passengers are free to leave and go on their way? Charges Veal was charged with four counts of unlawful use of a weapon by a felon, two counts of aggravated unlawful use […]
The post After A Driver Is Arrested Must Police Cease All Contact With The Passengers? first appeared on IllinoisCaseLaw.com.
People v. Way, 2017 IL 120023 (April). Episode 349 (Duration 7:44) Proximate cause defense in aggravated DUI cases remains alive and well after the cannabis reform law. This was a cannabis related aggravated DUI. To learn more about Illinois DUI law visit this resource page. Facts Defendant drove over the centerline of a two-lane road […]
The post Proximate Cause Defense In Aggravated DUI Remains Intact After Illinois Law Change first appeared on IllinoisCaseLaw.com.
People v. Motzko, 2017 IL App (3d) 160154 (April). Episode 347 (Duration 6:18) Defendant wins his motion to suppress in this DUI arrest in part because the officer doesn’t understand HGN. Charges Defendant was involved in single-vehicle motorcycle accident and was subsequently charged with citations for improper lane usage (625 ILCS 5/11-709(a)), failure to reduce speed […]
The post Horizontal Gaze Nystagmus (HGN) Must Be Conducted Accurately To Be Reliable first appeared on IllinoisCaseLaw.com.
In Episode 340 (Duration 14:18) of the Criminal Nuggets Podcast, Kim Bilbrey of the Kane County Public Defender’s office indulges me as I ask about one of the easiest ways for police to search a car without a warrant. Hit play to hear what she said. In this Episode Kim Bilbrey has been with the […]
The post The Magic Words That Instantly Allow An Officer To Search A Car Without A Warrant With Kim Bilbrey first appeared on IllinoisCaseLaw.com.
People v. Garcia, 2017 IL App (1st) 142141 (March). Episode 330 (Duration 4:34) Police entered a home without a warrant to make a misdemeanor arrest; the exclusionary rule does not mandate suppression of evidence. Charges Defendant was charged with one count of unlawful possession of a firearm based on his possession of a firearm while under […]
The post What Happens When Police Enter A Home To Make An Arrest Without A Warrant first appeared on IllinoisCaseLaw.com.
People v. West, 2017 IL App (3d) 130802 (March). Episode 329 (Duration 10:59) This obvious drug interdiction traffic stop was nonetheless 100% consensual. Facts 12,204 grams of cannabis in 16 bundles wrapped in duct tape hidden in defendant’s vehicle doors are discovered by police during a traffic stop. Issue Defense counsel argued the stop was impermissibly […]
The post This Drug Interdiction Traffic Stop Was Legal first appeared on IllinoisCaseLaw.com.
In episode 328 (Duration 43:21) of the Criminal Nuggets Podcast she helps us explore some of the intricacies of “knock and talk” warrantless entries. Alana De Leon is an Illinois criminal law litigator worth keeping an eye on. There is a certain amount of timidness often seen in young criminal law litigators. An uncertainty and apprehension that only […]
The post How Defense Attorneys Defend Against And Fight A Knock And Talk Warrantless Entry first appeared on IllinoisCaseLaw.com.
People v. Evans, 2017 IL App (4th) 140672 (March). Episode 327 (Duration 7:49) Defendant kept putting his hands in his pocket after he was repeatedly told to take them out; frisk for weapons justified. Facts Officer is responding to a call of a possible burglary. He sees defendant walking. He approached defendant for the purpose […]
The post Putting Your Hands In Your Pockets May Get You Patted-Down first appeared on IllinoisCaseLaw.com.
In re Elijah W., 2017 IL App (1st) 162648 (March). Episode 326 (Duration 4:59) Plain clothes officer sternly telling a kid to “come here” is a seizure. Juveniles can’t really consent to a police officer. Facts Kid was with his buddies when unmarked sport utility vehicle with 3 officers in plain clothes goes by. Kid starts […]
The post When An Officer Tells A Juvenile To “Come Here” first appeared on IllinoisCaseLaw.com.
People v. Qurash, 2017 IL App (1st) 143412 (March). Episode 325 (Duration 8:37) Do the words, “Come Here”, alone constitute a seizure? Facts Police are driving and they see defendant walking. When the officers were about 15 feet away from defendant, they stopped the police car, lowered the window, and said to defendant, “come here.” Defendant […]
The post When An Officer Says “Come Here” That May Be A Command And A Seizure first appeared on IllinoisCaseLaw.com.
In Episode 319 (Duration 35:33), Anthony Cameron sits down with us to talk about how police can enforce a warrant for a suspect’s blood. More and more DUI’s will be proven based on the chemicals in a person’s blood. Which begs the question: What exactly happens when a person refuses to give up their blood even though […]
The post How Can Police Enforce A Blood Warrant? first appeared on IllinoisCaseLaw.com.
People v. Williams, 2017 IL App (3d) 150879 (February). Episode 312 (Duration 10:26) Off duty officer outside his jurisdiction stops defendant for swerving; this leads to a DUI arrest. Facts Off-duty officer is on on his way home after a shift. He is in an unmarked squad car equipped with a radar gun. He is […]
The post Citizen’s Arrest Made By Off Duty Officer Way Outside His Jurisdiction first appeared on IllinoisCaseLaw.com.
People v. Bond, 2016 IL App (1st) 152007 (November). Episode 262 (Duration 8:00) Can a Blue Island police officer enter the city of Chicago, an adjoining municipality, and exercise his police powers when he observes an illegally parked vehicle in violation of the Illinois Vehicle Code? See also Episode 195, People v. Reynolds, 2016 IL App (4th) […]
The post Adjoining Municipality In the Same County Traffic Stop Rule first appeared on IllinoisCaseLaw.com.
People v. Acevedo, 2017 IL App (3d) 150750 (March). Episode 309 (Duration 6:09) legal discovery sanction in this rescission hearing consisted of a finding that the defendant met his initial burden, then the State was allowed to have the officer testify to the probable cause for the DUI arrest. DUI Arrest Case begins with a […]
The post Here’s A DUI Discovery Sanction With No Teeth (It’s Not The Civil Inference Thing) first appeared on IllinoisCaseLaw.com.
People v. Turner, 2018 IL App (1st) 170204 (February). Episode 462 (Duration 9:30) Good faith exception saves this warrantless blood draw. Collision Shortly after 10 p.m. on July 2, 2011, the defendant’s pickup truck collided with a motorcycle carrying two persons. The truck and motorcycle had collided in an intersection. The driver of the motorcycle, James […]
The post Exclusionary Rule Has Its Place In Blood Draw Cases…For Now first appeared on IllinoisCaseLaw.com.
People v. Gocmen, 2017 IL App (3d) 160025 (March). Episode 331 (Duration 7:57) Officer untrained in the use of narcotics doesn’t know enough to make this DUI drug arrest. Facts Officer responds to the scene of an unconscious person in a vehicle. He finds a Ford Explorer with its passenger side tires on the grass and […]
The post Officer Without Any Drug Recognition Expert Training Makes A DUI Drug Arrest first appeared on IllinoisCaseLaw.com.
People v. Biagi, 2017 IL App (5th) 150244 (January). Episode 297 (Duration 8:23) Trial court erred in granting this petition to rescind the statutory summary suspension in this drug based DUI arrest. Facts Defendant is driving really slow when he pulls over and stops. There is, of course, a State trooper following him. The trooper pulls in […]
The post Take Down Lights Not A Show Of Force Without Other Coercive Act first appeared on IllinoisCaseLaw.com.
People v. Ernsting, 2018 IL App (5th) 160330 (January). Episode 454 (Duration 9:07) Ronald Henson testified that blood in the mouth produces unreliable breathalyzer results and would tend to produce a disproportionately higher BAC. Car Crash At approximately 11 p.m., the defendant crashed her 2011 Chevrolet Camaro into an unoccupied pickup truck that was parked along […]
The post DUI Expert Says Blood In The Mouth Leads To Unreliable Breathalyzer Results first appeared on IllinoisCaseLaw.com.
People v. Day, 2016 IL App (3d) 150852 (January). Episode 294 (Duration 10:56) Field Sobriety Tests Administered On Wet Surface Were Invalid Creating Probable Cause Problems In This DUI Arrest. Field Sobriety Tests… This Statutory summary suspension is rescinded after improper SFSTs fail to establish probable cause for DUI arrest. Facts The officer in this […]
The post Field Sobriety Tests In Illinois first appeared on IllinoisCaseLaw.com.
People v. Fernandez, 2016 IL App (1st) 141667 (December). Episode 283 (Duration 3:57) 17 years of for possession with intent to deliver reversed in this search warrant case. Facts Fernandez’s convictions stemmed from the recovery of heroin, weapons, and ammunition from a single family home and detached garage from a Chicago home. Police executed a search warrant. Over […]
The post Insufficient Evidence Of Habitation In This Search Warrant Case: State Can’t Prove He Lived There first appeared on IllinoisCaseLaw.com.
People v. Staple, 2016 IL App (4th) 160061 (December). Episode 279 (Duration 8:36) Defendant plead guilty to misdemeanor DUI, so the trial judge dismissed the felony DUI. Charges Defendant was simultaneously charged with misdemeanor DUI and felony DUI for the exact same course of conduct. He had both a “DT” file and a “CF” file. […]
The post Double Jeopardy: Pleading To DUI Misdemeanor Does Not Mean The Felony Will Just Go Away first appeared on IllinoisCaseLaw.com.
People v. Kavanaugh, 2016 IL App (3d) 150806 (December). Episode 276 (Duration 4:49) Trial judge reversed for rescinding this SSS; you just can’t ignore the traffic accident and the stench of weed. Facts Trooper responds to the scene where Defendant had cut-off another driver forcing the other driver into a ditch. When the trooper approached […]
The post Strong Odor Of Cannabis And An Auto Accident Is Sufficient Probable Cause For A DUI Arrest first appeared on IllinoisCaseLaw.com.
People v. Gutierrez, 2016 IL App (3d) 130619 (December). Episode 274 (Duration 12:33) Appellate court disagrees with trial court; defendant was arrested before he was transported to Kendall County thus the case is remanded for an attenuation hearing to see if the confession is out. Gist of The Case In this murder trial, defendant argued he […]
The post Is The Confession Sufficiently Attenuated To Be Allowed Into Evidence? Multiple Officers In Your Bedroom In The Dead Of Night…Part 2 first appeared on IllinoisCaseLaw.com.
People v. Cielak, 2016 IL App (2d) 150944 (December). Episode 271 (Duration 4:38) Observation period lasted only 19 minutes rather than 20. Is rescission of SSS proper? DUI Arrest Defendant was arrested for DUI and taken to the station at around 12:30 a.m. At around 12:43 a.m., he read the warning to defendant, which took […]
The post This 20 Minute DUI Breathalyzer Observation Period Was Only 19 Minutes Long Now What? first appeared on IllinoisCaseLaw.com.
People v. Duran, 2016 IL App (1st) 152678 (October). Episode 252 (Duration 8:54) This traffic stop from its inception was a drug investigation, reasonableness has to take that into account. Facts Police get a tip that a named women will be in Chicago, stay at a certain hotel, and will have drugs on her. Sure […]
The post Handcuffing During This Traffic Stop Justified (It Was Really A Drug Investigation) first appeared on IllinoisCaseLaw.com.
People v. Wall, 2016 IL App (5th) 140596 (October). Episode 250 (Duration 5:47) Police lied to him about a break-in at his home, then tell him to sign the consent form or he’ll get arrested. Facts Defendant is called by police and told that his house may have been broken into. He needed to come home […]
The post Consent To Search Is Null And Void If Police Lied To Get You To Sign It first appeared on IllinoisCaseLaw.com.
People v. Swift, 2016 IL App (3d) 140604 (October). Episode 249 (Duration 8:33) New cannabis law only gets a passing mention in this proximate cause aggravated DUI case. Defendant was convicted of aggravated DUI (625ILCS 5/11-501(a)(6), (d)(1)(C)) for having cannabis in his system. Facts He was involved in an accident resulting in great bodily harm. […]
The post Aggravated DUI Proximate Cause Cannabis Case Doesn’t Mention The New Law first appeared on IllinoisCaseLaw.com.
People v. Theus, 2016 IL App (4th) 160139 (September). Episode 238 (Duration 8:47) Car is stopped for jerking to the left when the single lane road opens up into 2 lanes. Facts Defendant was a passenger in a car stopped by a deputy. The deputy observed a gold colored Chevrolet Malibu traveling on the road where […]
The post Maybe All Traffic Laws Are Susceptible to Mistaken Interpretation By The Police: Mistake Of Law On When To Use A Turn Signal first appeared on IllinoisCaseLaw.com.
People v. Lubienski, 2016 IL App (3d) 150813 (September). Episode 232 (Duration 5:04) Will crossing the line once justify a traffic stop? Yes. Facts The passenger tires briefly cross the white fog line and touch the gravel shoulder when turning right. The decision to stop the truck was reasonable in light of 625 ILCS 5/11-709(a). Case […]
The post Crossing A Traffic Line Just One Time Justifies A Traffic Stop By Police first appeared on IllinoisCaseLaw.com.
People v. Tates, 2016 IL App (1st) 140619 (August). Episode 230 (Duration 5:59) Drug conviction reversed because defendant can’t be sufficiently tied to the contraband. Facts This is a search warrant case. The name on the warrant was not defendant. When the police get in defendant is found in the dining room which had a table […]
The post No Constructive Possession Proved In This Search Warrant Case first appeared on IllinoisCaseLaw.com.
People v. Romanowski, 2016 IL App (1st) 142360 (August). Episode 222 (Duration 8:07) Is it prejudicial to tell the jury that defendant was told if he refused to blow that his DL would be suspended? Facts Defendant is discovered in his parked vehicle, with the engine running, at a tollbooth lane displaying a red “X,” indicating […]
The post Can Jury Hear of the Civil Consequence for Refusing to Blow? first appeared on IllinoisCaseLaw.com.
People v. Franklin, 2016 IL App (1st) 140059 (August). Episode 221 (Duration 9:15) Police find weed in this hotel room, but the warrantless search of the room exceeded the scope of a search incident to arrest. Facts Defendant had rented a hotel room. Police are called to the room because another hotel guest said an […]
The post Warrantless Search of Hotel Room Exceeds The Scope of Search Incident to Arrest first appeared on IllinoisCaseLaw.com.
People v. Williams, 2016 IL App (1st) 132615 (August). Episode 219 (Duration 8:22) Defendant was improperly seized as soon as police arrived on the scene, they had no reasonable suspicion. Facts Defendant said he parked his car and was walking to his cousin’s door when the police approached him and told him to “come over.” The […]
The post The Words “Come Here” Mean Drugs Had To Be Suppressed first appeared on IllinoisCaseLaw.com.
People v. Taylor, 2016 IL App (2d) 150634 (July). Episode 211 (Duration 9:24) Forced PBT leads to suppression of DUI evidence and DUI reversal. Facts Defendant parks his car to ask the officer following him for directions. The officer conducts FSTS, but he messes them all up. FST Results The trial judge said that in […]
The post DUI Reversed After Nonconsensual PBT: Officer Practically Stuffs The Machine In Driver’s Mouth first appeared on IllinoisCaseLaw.com.
People v. Pettis, 2016 IL App (4th) 140469 (June). Episode 196 (Duration 6:42) In the Fourth District a positive drug sniff may not necessarily lead to the automatic searching of the car’s passengers. Facts Defendant was in the rear side passenger in car stopped for suspended plates for a mandatory insurance violation. The driver was […]
The post Fourth District Says A Positive Drug Dog Sniff May Not Authorize A Search Of The Car Passengers first appeared on IllinoisCaseLaw.com.
People v. Reynolds, 2016 IL App (4th) 150572 (June). Episode 195 (Duration 7:00) This extrajurisdictional stop is actually legal because the original traffic infraction was a misdemeanor, something more than a petty offense. Issue Defendant filed a petition to rescind her statutory suspension. She argued her arrest was improper because the stop occurred outside the city […]
The post Another Weird Little Extra-Territorial DUI Arrest Case first appeared on IllinoisCaseLaw.com.
People v. Ciborowski, 2016 IL App (1st) 143352 (June). Episode 194 (Duration 5:40) You don’t always need a drug recognition expert on the scene to establish probable cause for a Drugged Driving DUI. Facts Defendant rear ended a car and causes a three car collision. The officer ruled out alcohol and cannabis but noticed defendant had […]
The post Drugged Driving Arrest Made By Officer With No Special Training: DRE Training Is Not Always Needed first appeared on IllinoisCaseLaw.com.
Utah v. Strieff, 136 S.Ct. 2056 (2016). Argued February 22, 2016—Decided June 20, 2016. Episode 185 (Duration 13:49) Utah v. Strieff asks wether the discovery of a valid arrest warrant sufficiently intervenes to break the causal chain between an unlawful stop and the discovery of drug-related evidence. Utah v. Strieff | Facts Officer has a […]
The post Utah v. Strieff | An Audio Summary On The Exclusionary Rule first appeared on IllinoisCaseLaw.com.
Illinois criminal law and DUI attorney Sami Azhari appears in Episode 184 of the Criminal Nuggets Podcast to unravel Drug DUIs. The Illinios drugged driving law… Illinois Drugged Driving Law Did you know the actual and full title to Illinois’s DUI statute is…“Driving while under the influence of alcohol, other drug or drugs, intoxicating compound […]
The post Defense Attorney On Defending Driving Under The Influence of Drugs (Drugged DUI) first appeared on IllinoisCaseLaw.com.
In Part III of this discussion on the Illinois conceal and carry law, Thomas Glasgow finishes up with the criminal liability one may be exposed to when things go wrong. However, just when you think you may have escaped criminal liability, you better be thinking about the civil consequences of your actions. Again, you’ll hear the same theme ringing […]
The post Part III | Conceal And Carry May Come With Civil Law Consequences first appeared on IllinoisCaseLaw.com.
This is Part II of our discussion with criminal law attorney Thomas Glasgow. He sat down with us to highlight the important aspects that every single conceal and carry permit holder should consider before obtaining a permit through the Illinois conceal and carry law. In part II of this discussion on the Illinois conceal and carry law we jump much deeper into […]
The post Part II With Thomas Glasgow | How Conceal and Carry Can Go Wrong first appeared on IllinoisCaseLaw.com.
Criminal law attorney Thomas Glasgow sits down with us and walks us through the important decision points that must be (or should be) considered before obtaining a conceal and carry permit. Thomas Glasgow Thomas Glasgow is a former Cook County prosecutor. He has a wealth of experience trying cases on the criminal defense side as […]
The post Part I | What You Need To Know About Illinois Conceal and Carry Law first appeared on IllinoisCaseLaw.com.
People v. Swanson, 2016 IL App (2d) 150340 (May). Episode 168 (Duration 6:16) Deputies investigating a single car accident make a warrantless and unconstitutional entry into defendant’s home. Facts Police were investigating a single car accident when then appeared at defendant’s home. The said they would not leave until they talked to defendant. They pushed their […]
The post Persistent Aggressive Deputies Push Their Way Into A Home Under A Pretext Of Providing Aid first appeared on IllinoisCaseLaw.com.
People v. Lee, 2016 IL App (2d) 150359 (January). Episode 160 (Duration 8:27) This extra-territorial arrest, which was based on evidence gathered via radar projected into South Elgin from outside of South Elgin. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Facts The officer was parked outside South […]
The post An Extra-Territorial Arrest Is When An Officer From City A Arrests You In City B: Here’s A DUI Example first appeared on IllinoisCaseLaw.com.
People v. Carter, 2016 IL App (3d) 140958 (March). Episode 157 (Duration 4:44) The discovery of this gun exceeded the scope of the search warrant, thus it was suppressed. Facts Here, the police had a search warrant for the search of a duplex. It was specifically citing the search for drugs. Drugs are found in the […]
The post When A Warrant Is Executed And The Place Is Searched Can Police Go Back If They Forgot To Search A Certain Area? first appeared on IllinoisCaseLaw.com.
People v. Burns, 2016 IL 118973 (March). Episode 154 (Duration 4:58) The “no-nights visits” rule is affirmed, can’t bring the sniffer dog to your front step for a little sniff action. Facts After receiving a tip that Defendant is selling wee from her apartment, the police bring a dog to her apartment door. The dog alerts […]
The post Affirmed: Can’t Bring A Drug Dog To Your Front Door For Some Sniffer Action first appeared on IllinoisCaseLaw.com.
People v. Timmsen, 2016 IL 118181 (March). Episode 153 (Duration 5:36) Apparently, the police can stop you for trying to legally avoid a roadblock. Facts Defendant made a U-turn 50 feet from a roadblock to avoid it. He was stopped and arrested for DWLS and possession of cannabis. Issue Does avoiding a traffic roadblock itself create […]
The post Avoiding A Traffic Roadblock May Create Reasonable Suspicion Justifying a Traffic Stop first appeared on IllinoisCaseLaw.com.
People v. Moore, 2016 IL App (1st) 133814 (February). Episode 149 (Duration 4:49) Lost photo arrays were not done in bad faith, so no due process violation occurred. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Discovery Violation This was a murder trial that took years to […]
The post Giving A Civil Instruction Is Sometimes An Acceptable Discovery Violation Sanction first appeared on IllinoisCaseLaw.com.
People v. Little, 2016 IL App (3d) 130683 (February 2016). Episode 142 (Duration 4:09) This DWLR conviction stands because the police officer didn’t need to proof of every element of the crime he was investigating. Facts Defendant was stopped by a sheriff who was investigating a complaint of criminal trespass. At the suppression hearing, no […]
The post Reasonable Suspicion Does Not Require Ruling Out All Innocent Behavior first appeared on IllinoisCaseLaw.com.
Every now and then police might struggle with the decision to arrest for DUI or not… We have all heard of the stories of over zealous officers looking to make an “easy” DUI arrest. Cases From The News Chicago to pay $450,000 to 2 drivers falsely charged with DUIs Cop Jailed For Falsely Arresting People […]
The post The Minimum Required For A DUI Arrest – What Is Probable Cause For A DUI Arrest? first appeared on IllinoisCaseLaw.com.
Episode 138 (Duration 19:30). DUI Expert, William Pelarenos, stops by to tell us about 4 DUI Suspensions we need to know about. In fact, these are 4 kinds of Illinois DUI suspensions we should never accept. In the litigation of a DUI case, sometimes the driver’s license status can become lost in the shuffle. Often, […]
The post 4 DUI Suspensions The Driver Can Beat first appeared on IllinoisCaseLaw.com.
See People v. Jones, 2015 IL App (1st) 142997 (December). Episode 117 (Duration 8:59). An investigative hold is not probable cause and could not be used to detain/arrest this defendant. As a result the kilo of cocaine he had in his car is suppressed. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY […]
The post Chicago Police Department Investigative Hold Is Not Always The Same As Probable Cause first appeared on IllinoisCaseLaw.com.
See People v. Holmes, 2015 IL App (1st) 141256 (November). Episode 108 (Duration 4:30). People v. Aguilar invalidated some gun charges, in Illinois this means some seizures are also unconstitutional. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Issue How does the Aguilar decision affect a probable cause […]
The post If Aguilar Says Some Gun Possession Is Legal Then Can The Police Stop You If They See A Gun? first appeared on IllinoisCaseLaw.com.
See People v. Moravec, 2015 IL App (1st) 133869 (November). Episode 105 (Duration 8:00). Something different for a change. DUI discovery sanctions upheld! Get the scoop right here. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Haven’t I been going on and on about winning discovery sanctions […]
The post DUI Discovery Sanctions Upheld: Police Refuse To Give Up Their POD (Police Observations device) Images first appeared on IllinoisCaseLaw.com.
See Navarette v. California, 134 S.Ct 1683 (2014) (April). Episode 101 (Duration 21:22). Live streaming while driving drunk is one thing…but what about an anonymous complaint? Can any old complaint of your driving get you pulled over? So live streaming your own crime of drunk driving is definitely going to get you pulled over. But can […]
The post Navarette v. California | SCOTUS On Anonymous Tips first appeared on IllinoisCaseLaw.com.
Confidential Informant Definition The use of confidential informants is pretty common in drug cases. Confidential Informant Case Law The confidential informant case law says due process requires and demands that these contracts be enforced against the government. The principle for enforcing cooperation agreements arises under the due process clause of the fourteenth amendment. State v. […]
The post Confidential Informant Case Law Says Prosecution Can’t Exploit The CI first appeared on IllinoisCaseLaw.com.
Courts have demonstrated quite well their unwillingness to toss a case because of an officer’s DUI errors and omissions. This doesn’t mean the defense bar has to lie down and take it. William Pelarenos DUI Expert Witness William Pelarenos sits down again with us to talk about the trends he has been seeing in DUI […]
The post How To Defend Against DUI Errors And Omissions: Fight Back With The Use Of An Expert first appeared on IllinoisCaseLaw.com.
See People v. Way, 2015 IL App (5th) 130096 (August). Episode 097 (Duration 11:33). This proximate cause DUI Defense was not allowed to be raised by this defendant. Have you ever even heard of the proximate cause DUI defense? Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD […]
The post Here’s Another Possible Aggravated DUI Defense In A Cannabis Case first appeared on IllinoisCaseLaw.com.
Beginning in January of 2016, significant Illinois DUI law reform takes place. This has been described as the biggest change in DUI law in 10 years. I invited one of Illinois’s Top DUI attorneys, Larry Davis, to come onto the podcast to help us understand exactly what these changes in DUI law are going to […]
The post Illinois DUI Law Reform: Biggest In 10 Years With Larry Davis first appeared on IllinoisCaseLaw.com.
See People v. Reedy, 2015 IL App (3d) 130955 (August). Episode 087 (Duration 5:03) What happens when this drug dog makes it to the scene of a traffic stop in a flash? The case involves the discovery of 900 grams of heroin. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID […]
The post The Essence Of A Modern Police Drug Dog Sniff Comes Down To How Fast The Dog Can Get There first appeared on IllinoisCaseLaw.com.
See United States v. Bentley, No. 13-2995 (July). Episode 084 (Duration 20:00) Challenging drug dog reliability is not impossible. But it’s going to take more than just showing the dog has a terrible track record in the field. Why Do Unreliable Drug Dogs Win Their Cases? Defendant challenged the reliability of the Lex, the police […]
The post Challenging Police Drug Dog Reliability: Why The Dog Always Wins first appeared on IllinoisCaseLaw.com.
See People v. Ringland, 2015 IL App (3d) 130523 (June). Episode 081 (Duration 14:08). Is State’s Attorney power so broad that they may create their own county police force? This prosecutor was using his investigator as a drug interdiction unit. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT […]
The post State’s Attorney Power Created A Separate Police Force Just To Conduct Traffic Stops first appeared on IllinoisCaseLaw.com.
See People v. Harris, 2015 IL App (1st) 132162 (June). Episode 078 (Duration 20:49) What is an anticipatory search warrant? How did the cops mess this one up? Specifically, we ask whether the police had to wait for the package to be opened before arresting defendant. What is an Anticipatory Search Warrant? An anticipatory search […]
The post Anticipatory Search Warrant Authorizes Police To Search After A Condition Precedent Takes Place first appeared on IllinoisCaseLaw.com.
See People v. Bozarth, 2015 IL App (5th) 130147 (January). Illegal search and seizure results after a cop pulls a gun on a lady. If the officer had a reason to be so aggressive, he certainly did not articulate it for the record. In a hearing on a defense motion to suppress, failure of the officer […]
The post Pointing A Gun At A Lady Probably Considered A Seizure first appeared on IllinoisCaseLaw.com.
Is It Legal For Police To Use Drug Dogs During A Traffic Stop? Rodriguez v. United States, 575 U.S. ___, 135 S. Ct. 1609 (2014). Episode 069 (Duration 16:58) Gist: In Rodriguez v United States, a police officer conducts a drug dog sniff during a traffic stop after the business of the traffic stop was over. Was this legal […]
The post Rodriguez v. United States Case Brief first appeared on IllinoisCaseLaw.com.
See People v. Gaytan, 2015 IL 116223 (May). Episode 073 (Duration 21:40) It turns out that a traffic stop based on reasonable mistake of law is not illegal. What happens when a police officer stops a car based on the officer’s mistaken interpretation of a traffic law? Can an officer’s mistaken interpretation of the law […]
The post Traffic Stop Based on Reasonable Mistake of Law is Not Illegal first appeared on IllinoisCaseLaw.com.
See People v. Geiler, 2015 IL App (5th) 140423 (February). Episode 055 (Duration 14:27) Pro se defendant files motion to dismiss his speeding ticket based on a violation of Illinois Supreme Court Rule 552. This private citizen uncovered a pattern of chronic rule violations by his local police department. He tried to reveal it to […]
The post Speeding Ticket Dismissed Due To Illinois Supreme Court Rule 552 Violation first appeared on IllinoisCaseLaw.com.
See People v. Olson, 2015 IL App (2d) 140267 (June). Episode 077 (Duration 17:22) Does every DUI discovery violation result in suppression of evidence? When is it appropriate for a trial judge to exclude field sobriety tests? Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD The […]
The post What Is An Appropriate Remedy After A DUI Discovery Violation? first appeared on IllinoisCaseLaw.com.
See People v. Thomas, 2014 IL App (3d) 120676 (October). Episode 043 (Duration 12:04). Police dog sniff set-up procedures may be ordered by the police. Listen to podcast episode 043 of the Criminal Nuggets Podcast to discover what the heck it means to “prep” a car for a dog sniff. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE […]
The post Police Drug Dog Sniff Set-Up Procedure: How Police Prep A Car Before The Dog Sniff first appeared on IllinoisCaseLaw.com.
What Is The Exclusionary Rule? The exclusionary rule is when a court prevents the prosecution from using any evidence it believes was obtained in violation of the constitution. The exclusionary rule is the principal judicial remedy courts use to deter Fourth Amendment violations. When a court applies the exclusionary rule society pays a significant cost. […]
The post What Is The Good Faith Exception And The Exclusionary Rule? first appeared on IllinoisCaseLaw.com.
See People v. Burns, 2015 IL App (4th) 140006 (January). Episode 699 (Duration 11:44) A police dog sniff of apartment door is going to require a warrant. It turns out there is no open invitation to the public that says they are free to bring their narcotics trained dog named “Hunter” to an apartment building to conduct […]
The post Police Can’t Bring A Drug Dog To An Apartment Door For A Sniff Without A Warrant first appeared on IllinoisCaseLaw.com.
It’s all about the DUI breathalyzer machine and BAC procedures this time. We are back talking with DUI Expert witness William Pelarenos. He breaks it down and lays it all out for us. You’ll find out what type of breathalyzer William liked best and why. William Pelarenos William Pelarenos has nearly 30 years in law […]
The post DUI Breathalyzer Machine and Procedure, DUI Expert Witness William Pelarenos Breaks it All Down first appeared on IllinoisCaseLaw.com.
Episode 034 (Duration 17:23). DUI expert witness, William Pelarenos, sat down with me to chat about DUIs. Any defense attorney who handles DUI cases needs to sit down with an expert. I learned so much in so little time with William. Who is William Pelarenos? William Pelarenos is a retired police officer from the Cook County […]
The post Talking About DUIs With The DUI Expert Witness William Pelarenos first appeared on IllinoisCaseLaw.com.
The season for DUI Checkpoints is approaching fast. Episode 036 (Duration 32:16). Here we lay out the foundations in the law authorizing DUI checkpoints. Once, this roadmap is established common questions about DUI checkpoints can be answered. DUI Checkpoint Legal Foundations People v. Ray People v. Ray, 327 Ill.App.3d 904, 764 N.E.2d 173 (5th Dist. 2002), […]
The post DUI Checkpoints, All Your Questions Answered and More! first appeared on IllinoisCaseLaw.com.
People v. Cregan, 2014 IL 113600 (February). Episode 032 (Duration 22:43) Arizona v. Gant was the landmark decision by the Supreme Court which prevented police officers from searching the contents of a car after the arrest of the driver. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Gist […]
The post Search Incident to Arrest After Gant: Search Of This Luggage Was Constitutional first appeared on IllinoisCaseLaw.com.
People v. Jones, 2014 IL App (3d) 121016 (November). Episode 031 (Duration 10:34). Drug trafficking evidence has shifted to more liberal interpretation of suspicious behavior around drugs delivered through the mail. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD The State charged defendant with unlawful cannabis trafficking (720 […]
The post Proving Knowledge Of The Package In A Drug Trafficking Mail Order Case first appeared on IllinoisCaseLaw.com.
People v. Flores, 2014 IL App (1st) 121786 (November). Episode 030 (Duration 19:46). Right to remain silent must be scrupulously honored by the police. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Gist Questions from police must stop after suspect says he does not want to talk. So […]
The post Right to Remain Silent Means Police Must Scrupulous Honor Request To Stay Quiet first appeared on IllinoisCaseLaw.com.
People v. Gonzalez-Carrera, 2014 IL App (2d) 130968 (September). Episode 025 (Duration 15:41) Search and seizure law dark side revealed. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD This is an example of a case with a less than completely honest deputy. Very important facts were withheld […]
The post Illinois Search and Seizure Rules Encourage Officers To Withhold Information first appeared on IllinoisCaseLaw.com.
People v. Green, 2014 IL App (3d) 120522 (August). Episode 021 (Duration 13:11) A police interrogation in murder case is not recorded. So what happens in Illinois when the video recorder breaks down and the interrogation is not recorded? Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD […]
The post What Happens When The Equipment Malfunctions And A Confession That Is Supposed To Be Recorded Is Not Recorded? first appeared on IllinoisCaseLaw.com.
People v. Abdur-Rahim, 2014 IL App (3d) 130558 (August). Episode 015 (Duration 10:08). 7 year drug conviction reversed, even though the officer said he smelled marijuana. Police Car Search Legal in Illinois if They Smell Marijuana In 1985, the Illinois Supreme Court first authorized a police car search if the officer claimed to be able to […]
The post The Odor Of Cannabis Authorizes A Warrantless Search Of A Car…But Not In This Case first appeared on IllinoisCaseLaw.com.
In Episode 014, I discuss the case of People v. Kofron. A knock and talk is a police tactic. The goal is to conduct a warrantless search of a home by walking up to the residence, engaging in conversation with the resident, ending in consent for the police to enter and search. Clearly, the appellate court […]
The post What is a Knock and Talk? When Police Enter A Home Without A Warrant first appeared on IllinoisCaseLaw.com.
People will forever try to avoid DUI checkpoints legally. An Illinois criminal court decision suggests that is theoretically possible? But is it practically possible? This podcast episode was inspired by the Illinois criminal court decision of People v. Timmsen, 2014 IL App (3d) 120481 (July). See also Episode 153 – People v. Timmsen, 2016 IL 118181 (March) (Illinois […]
The post DUI Checkpoints & Roadblocks Can They Be Avoided? first appeared on IllinoisCaseLaw.com.
Is it illegal to lie to the police? In Illinois there is a charge called obstructing identification. It is a form of obstructing justice. This podcast episode was encouraged by the Illinois criminal court case of People v. Schronski, 2014 IL App (3d) 120574 (07/09/2014). So When is Illegal to Lie to the Police? In this […]
The post Is It Illegal to Lie to the Police? When Does Obstruction Happen? first appeared on IllinoisCaseLaw.com.
Yes, a DUI sleeping in car situation can happen to you under a not so unique set of circumstances. In fact, if you are drunk and asleep at the wheel of a non moving (even turned off) car you can be liable! Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID […]
The post DUI Actual Physical Control, What Is That? first appeared on IllinoisCaseLaw.com.
I present a police dog case law summary. The drug dog has become one of law enforcements most powerful tools. However, we are best served by remembering that this tool, like all other tools, is not perfect. Police Dog Case Law Summary The Supreme Court Cases The law on police dog drug sniffs contains three […]
The post Police Drug Dog Case Law Summary first appeared on IllinoisCaseLaw.com.
An anticipatory warrant is a warrant to search a place or thing in the future after certain documented conditions are observed. Introduction When I first encountered the anticipatory warrant as a prosecutor, I could not believe it was legal. It is a such a strange and unique thing in the criminal law. So, I studied […]
The post The Anticipatory Warrant: A Search Warrant That Tells the Future first appeared on IllinoisCaseLaw.com.