Police Nuggets

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This podcast covers Illinois criminal law updates relevant to Illinois police officers. All the latest changes in Illinois search and seizure case law, DUI updates, evidentiary issues, interrogation law, and everything else important to law enforcement officers is covered here. The host is an Illino…

Police Nuggets

  • Jun 26, 2020 LATEST EPISODE
  • every other week NEW EPISODES
  • 13m AVG DURATION
  • 191 EPISODES


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Latest episodes from Police Nuggets

DUI On A Bridge Causes Huge Jurisdiction Problem

Play Episode Listen Later Jun 26, 2020 16:08


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.

When A Perpetrator Description Can Be So Detailed And So Good It Damages The Photo Lineup (Photos Enclosed)

Play Episode Listen Later Jun 10, 2020 8:20


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.

DUI Probable Cause And Chicken Wing Hot Sauce In Your Beard

Play Episode Listen Later Jun 4, 2020 15:01


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.

Dropsy, Smells-Me, Front Seating, and Other Testilying Testimony Has To Be Weighed On It’s Own Merit

Play Episode Listen Later Jun 2, 2020 11:07


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.

3 Districts All Have Said The Smell Of Weed Still Justifies A Car Search

Play Episode Listen Later May 13, 2020 7:36


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. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Charges Defendant Jeremiah Paige Rice was charged with one […] The post 3 Districts All Have Said The Smell Of Weed Still Justifies A Car Search first appeared on IllinoisCaseLaw.com.

Forget The Dog Police Can Rely On Their Own Nose To Detect Cannabis

Play Episode Listen Later May 5, 2020 17:08


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.

Court Is Taking The Discovery Rules Seriously In Summary Suspension Hearings

Play Episode Listen Later Apr 20, 2020 19:01


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.

Can The State Compel You To Give Up Your Phone Passcode?

Play Episode Listen Later Apr 15, 2020 11:56


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.

When Easily Identifiable Informants Are Treated As Anonymous Tipsters

Play Episode Listen Later Mar 23, 2020 9:34


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. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Gist Police approach a man with a gun and […] The post When Easily Identifiable Informants Are Treated As Anonymous Tipsters first appeared on IllinoisCaseLaw.com.

Scott’s Law In Illinois 625 ILCS 5/11-907(c)

Play Episode Listen Later Mar 18, 2020 13:45


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.

Police Search This Property Without A Warrant State Concedes Some Illegality

Play Episode Listen Later Mar 13, 2020 13:05


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.

Defendant Says This Was A DUI With No Proof Of Driving

Play Episode Listen Later Mar 6, 2020 16:46


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.

When Is A Criminal Informant Considered A Witness Who Has To Testify?

Play Episode Listen Later Feb 26, 2020 9:38


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? Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Confidential Informant Police had an individual who was in custody for having possessed drugs with the […] The post When Is A Criminal Informant Considered A Witness Who Has To Testify? first appeared on IllinoisCaseLaw.com.

Traffic Stop Based On Mistaken Identity Leads To An Odor Of Cannabis

Play Episode Listen Later Feb 12, 2020 16:08


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.

DUI License Suspension On Private Property

Play Episode Listen Later Jan 29, 2020 10:18


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.

Expect Defense Attorneys To Loose Their Mind When You Don’t Give Them The Body Cam Video

Play Episode Listen Later Jan 8, 2020 33:57


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.

Ron Hain Kane County Sheriff Has An Interesting Program In The Jail

Play Episode Listen Later Aug 1, 2019 34:37


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. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT […] The post Ron Hain Kane County Sheriff Has An Interesting Program In The Jail first appeared on IllinoisCaseLaw.com.

Warrantless Blood Draw By Police Is Legal In Some Circumstances

Play Episode Listen Later Jul 8, 2019 22:02


Mitchell v. Wisconsin, SCOTUS No. 18–6210, Decided June 27, 2019. Episode 647 (Duration 22:02) (Police can draw blood from unconscious DUI suspect.) Unconscious drivers plus natural BAC dissipation create an exigent circumstance for a blood draw. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Unconscious Driver Pose An Elevated Risk […] The post Warrantless Blood Draw By Police Is Legal In Some Circumstances first appeared on IllinoisCaseLaw.com.

In Light Of The New Gun Laws Can An Illinois Officer Stop And Detain A Person With A Gun?

Play Episode Listen Later Jun 3, 2019 31:51


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. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD In This Episode… “A law abiding person that exposes his gun […] 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.

How Defense Attorneys Convince A Judge That A Traffic Stop Is Bad

Play Episode Listen Later May 14, 2019 31:43


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. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD In This Episode… “The appellate court is […] The post How Defense Attorneys Convince A Judge That A Traffic Stop Is Bad first appeared on IllinoisCaseLaw.com.

Police Officer’s Breathalyzer Certification Was Expired Becomes A Big Problem In This DUI

Play Episode Listen Later Apr 19, 2019 10:42


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.

Officers Have To Be Very Careful About How They Answer Questions In The Grand Jury Room

Play Episode Listen Later Apr 16, 2019 12:24


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.

It’s Completely Legal To Ban Guns From Public Housing

Play Episode Listen Later Apr 4, 2019 11:05


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.

Police Chase Some Men, See A Gun And Arrest Them – Is That Legal?

Play Episode Listen Later Apr 2, 2019 18:15


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.

SCOTUS Says Asset Forfeitures Can’t Be Excessive

Play Episode Listen Later Feb 25, 2019 24:32


Timbs v. Indiana, 2019 SCOTUS (February). Episode 594 (Duration 24:32) Eighth Amendment ban on excessive fines and forfeitures extends to the states. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD In This Episode… “Often when the defense wins one, you know, we get excited and we want […] The post SCOTUS Says Asset Forfeitures Can’t Be Excessive first appeared on IllinoisCaseLaw.com.

Downstate Police Department Takes Advantage Of This Weird Traffic Line To Stop Cars

Play Episode Listen Later Feb 17, 2019 13:45


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.

What Happens When Police Are Wrong About The Traffic Law – The Barney Fife Traffic Stop

Play Episode Listen Later Jan 14, 2019 16:25


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 What Happens When Police Are Wrong About The Traffic Law – The Barney Fife Traffic Stop first appeared on IllinoisCaseLaw.com.

Police Have To Be Reminded To Go Get A Warrant Before They Draw Dude’s Blood

Play Episode Listen Later Jan 1, 2019 6:41


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.

In This Search Warrant Application The Nexus To Defendant’s House Was Bare-Bones & Lacking

Play Episode Listen Later Dec 31, 2018 10:14


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.

What If You Just Touch The Line But Don’t Cross It Can You Be Stopped?

Play Episode Listen Later Dec 19, 2018 8:47


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.

Defendant Argued His Hospital Blood Could Not Be Used Against Him In A Civil Suspension Hearing

Play Episode Listen Later Dec 4, 2018 9:50


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.

Driver’s Nervousness Justified The Delay For The Drug Dog To Come Out

Play Episode Listen Later Nov 28, 2018 15:18


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.

DUI Arrest, What Is The Minimum Amount Of Evidence Required?

Play Episode Listen Later Nov 20, 2018 11:25


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.

Small Of Cannabis Rule Survives An Assault

Play Episode Listen Later Nov 7, 2018 24:34


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. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD In This Episode… “Would it be wrong to say well maybe […] The post Small Of Cannabis Rule Survives An Assault first appeared on IllinoisCaseLaw.com.

What To Do, What To Do About Lost, Destroyed, or Missing Video?

Play Episode Listen Later Nov 6, 2018 14:02


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.

Illinois Drug Dog Case: Supreme Court Is Pushed To Decide If Apartments Have Less Constitutional Protection Than Houses

Play Episode Listen Later Oct 30, 2018 8:50


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.

Anonymous Tip On A DUI Has Got To Be Specific Plus Identity Information Is Suppressible

Play Episode Listen Later Oct 23, 2018 12:56


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.

What Is Criminal Causation In Illinois?

Play Episode Listen Later Sep 26, 2018 26:58


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.

Expert Testimony On Drug Use Is Not Always Required Sometimes Any Joe Shmoe Can Identify Impairment From Drug Use

Play Episode Listen Later Sep 25, 2018 14:15


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.

Reasonable Suspicion: One Hand-To-Hand Justifies The Stop But It Was A Close One

Play Episode Listen Later Sep 24, 2018 7:14


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.

Illinois Traffic Rule For Making A Proper Left Hand Turn: When Can You Get Stopped By Police

Play Episode Listen Later Sep 17, 2018 10:58


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 Illinois Traffic Rule For Making A Proper Left Hand Turn: When Can You Get Stopped By Police first appeared on IllinoisCaseLaw.com.

Unreasonable Delay For A Drug Dog Sniff – Accumulation of Road Trash Is Not Reasonable Suspicion

Play Episode Listen Later Sep 10, 2018 18:57


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.

Plain View Doctrine Examples & Cases

Play Episode Listen Later Aug 29, 2018 4:49


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.

Probable Cause Dissipation: When Does It End? Can Police Move The Car To A Garage When They Can’t Find Anything?

Play Episode Listen Later Aug 13, 2018 24:46


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.

The Smell Of Cannabis Still Supports Probable Cause For A Full Vehicle Search

Play Episode Listen Later Jul 9, 2018 7:03


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.

Cell Site Location Data Police Need A Warrant To Get It

Play Episode Listen Later Jul 4, 2018 17:52


Carpenter v. United  States, SCOTUS June 2018. Episode 508 (Duration 17:52) 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 with six counts of robbery and an additional six counts of carrying a firearm during a federal […] The post Cell Site Location Data Police Need A Warrant To Get It first appeared on IllinoisCaseLaw.com.

Mistake Of Law Doctrine Requires A Genuinely Ambiguous Law

Play Episode Listen Later Jul 2, 2018 8:18


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.

Here’s A Guy That Didn’t Need To Be Charged

Play Episode Listen Later Jun 26, 2018 15:06


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.

3 SCOTUS Criminal Law Cases Covering Rental Cars, Pleading Innocence and Warrantless Searches On Private Property

Play Episode Listen Later Jun 19, 2018 40:36


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 Illinois Felony Offense

Play Episode Listen Later Jun 13, 2018 10:30


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 Section 33A-2(a)(1) of the Criminal Code of 2012 states: “A person commits armed violence […] The post Armed Violence Illinois Felony Offense first appeared on IllinoisCaseLaw.com.

When HGN Results Are Inadmissible Can The State Get Into How The Defendant Was Acting A Fool?

Play Episode Listen Later Jun 12, 2018 7:21


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.

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