Criminal Nuggets...

Kane County State's Attorney Podcast

Rule Of Lenity Explanation

June 2, 2020 By Samuel Partida, Jr.

Sometimes when lawyers are trying to make sense of the criminal law two different laws may appear to contradict themselves.

What should happen in those situations?

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Filed Under: Mistake of Law, Sentencing

Motion To Suppress Evidence

April 10, 2020 By Samuel Partida, Jr.

A motion to suppress evidence is a formal request that a judge prevent the state from admitting certain evidence. It’s a formal request to exclude evidence.

Typically, suppression of evidence is warranted after a constitutional violation. A judge almost always has to conduct a hearing with witnesses when deciding whether to grant this motion.

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Filed Under: Search & Seizure

Motion To Quash In A Criminal Case

March 22, 2020 By Samuel Partida, Jr.

The meaning of the word “quash” is to suppress, extinguish, reject or void something.

The term is commonly used in a legal setting.

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Filed Under: Search & Seizure

In 2020 Can Police Search Your Car If They Smell Marijuana?

March 4, 2020 By Samuel Partida, Jr.

After Illinois passed the Cannabis Regulation and Tax Act which became effective in 2020, can police still search a car when they smell cannabis? Episode 745 (Duration 44:50)

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Filed Under: Probable Cause, Traffic Stop

Coercion And Consent To Search A Vehicle

January 21, 2020 By Samuel Partida, Jr.

Part 6: When Does Police Questioning Become Coercive?

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Filed Under: Traffic Stop

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