In many ways this is the month that the judges (that is the high court judges) could do no wrong. We had 2 significant cases released by the Supreme Court of the United States (SCOTUS) and 2 cases released by the Illinois Supreme Court.
Here's what you missed from the high court cases for June 2016:
1. Utah v. Strieff
Discovery of a valid arrest warrant after an improper seizure sufficiently attenuates the taint of the bad stop such that suppression of the discovered contraband runs counter to the exclusionary rule. In other words, the cops can stop you illegally and if you have a valid arrest warrant while you are holding drugs, those drugs are going to be used against you. Go to case.
2. Birchfield v. North Dakota
There is a big difference between refusing to provide a breath sample after a DUI arrest and failing to give blood. States don't need a warrant for you to blow and they can charge you with an additionally crime if you refuse to blow. However, police will generally need a warrant to get your blood. If there is no warrant they can't charge you for refusing to give them your blood. Go to case.
Illinois Supreme Court
3. People v. Rizzo
It is constitutional to prohibit court supervision if you are charged with driving more than 40 mph over the speed limit. Go to Case.
4. People v. McFadden
Prosecutors my use invalidated Aguilar AUUW's that have not been formally vacated as predicate offenses to support a new charge of AUUW by a Felon. Go to case.
…and Much More
June 2016 was hopping and sizzling for Illinois criminal law court decisions. Much was going on and much for us to keep up with. For example…
✓ We had 2 important state DUI decisions. One really got the private defense bar jumping up and down and the other one made some law on drugged driving cases. Can an officer not trained to detect drugged driving nonetheless make a drugged driving arrest?
✓ There was an interrogation done with a defendant detained more than 98 hours before seeing a judge
✓ A prison shank case, a recanting snitch case, one crime was declared unconstitutional, another unconstitutional sentencing provision declared constitutional again. Is the Illinois cyber stalking still good law?
✓ A case with a murderer who put his coworkers head in display freezer, (not making this up)!
✓ Somebody counted their days wrong in a speedy trial case. Was it the state or the defense?
✓ and much much more.
June Was Sizzling
Really, there is way too much going on in June to summarize here but…
Just download the June case list.
Read the top line (one sentence) summarizing the case. Only invest more time in those cases that seem interesting or look like they can impact a case you are working on.
I've already read the cases and pulled out the most important lessons from each. Please take my work.
Don't waste your precious summer evenings sifting through cases that may not even help you.
Your June Illinois criminal case List is waiting for you below. Click the image below to download your case list right now:
A friend of the podcast, George F. Taseff, routinely files these sample motions in state court to vacate invalidated gun convictions.