Criminal Nuggets...

Kane County State's Attorney Podcast

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

April 2, 2019 By Arthur McGibbons

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. [Read more…]

Filed Under: Pat Down, Podcast, Probable Cause, Reasonable Suspicion

Mistake of Law Doctrine

January 14, 2019 By Arthur McGibbons

Episode 579 (Duration 16:25) What is happening in Illinois with the mistake of law doctrine?

[Read more…]

Filed Under: Police, Probable Cause, Traffic Stop

What Constitutes Probable Cause For A DUI Arrest In Illinois?

November 20, 2018 By Arthur McGibbons

What Constitutes Probable Cause For DUI Arrest In Illinois?

A person is under the influence of alcohol when he or she is less able, either mentally or physically, or both, to exercise clear judgment, and with steady hands and nerves operate an automobile with safety to himself and to the public.

[Read more…]

Filed Under: DUI, Probable Cause

The Smell Of Cannabis Coming From A Car Automatically Allows Police To Search The Car Without A Warrant: Is It Time To Change The “Smell Of Cannabis” Rule?

November 7, 2018 By Arthur McGibbons

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. [Read more…]

Filed Under: Probable Cause, Traffic Stop

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

September 25, 2018 By Arthur McGibbons

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. [Read more…]

Filed Under: Expert, Police, Probable Cause

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