People v. Chavez, 2025 IL App (1st) 221601 (March). Episode 1102 (Duration 22:58)
Simplified Miranda warnings for minors are required even when charged in adult court.
[Read more…]Defense Attorney Really Screws Up This Confession
People v. Parks, 2025 IL App (4th) 230597 (February). Episode 1098 (Duration 13:52)
Defense attorney labored under a conflict of interest when he walked his client into an interview with police, and then the attorney said a little too much in there.
[Read more…]Involuntary Confession After Being Held For 72 Hours, Miranda Violation, And No Phone Call
People v. Leverson, 2024 IL App (1st) 211083 (December). Episode 1090 (Duration 8:22)
Appellate court cannot look the other way when the police flagrantly disregard a defendant’s rights when he asserts them and then badger him into waiving those rights.
[Read more…]Involuntary Confession Because Deception And Trickery Does Not Extend To Making Of A Fake Deal
People v. Dawson, 2024 IL App (3d) 240129 (December). Episode 1089 (Duration 10:05)
A false promise has the unique potential to make a defendant’s decision to speak irrational and the resulting confession unreliable.
[Read more…]Warrant Not Removed From LEADS Does Not Warrant Application Of Exclusionary Rule
People v. Nash, 2024 IL App (4th) 221078 (November). Episode 1078 (Duration 13:08)
The warrant was not removed from the system due simply to a garden-variety clerical error.
[Read more…]Blanket Promise Of Confidentiality In An Interrogation Is A No-No
People v. Mathis, 2024 IL App (1st) 211102 (September). Episode 1069 (Duration 11:29)
It is reasonable to conclude that in this case defendant’s confession was caused by the detectives’ false promise.
[Read more…]Non-Verbal Conduct During An Interrogation Is As Relevant As The Statement Itself
People v. O’Daniell, 2024 IL App (5th) 230084 (August). Episode 1062 (Duration 11:46)
Be very suspicious when defense tries to separate the words from the conduct when the words were stated because an individual’s demeanor when making a statement is very important in determining the weight to be given that statement.
[Read more…]You Can Be In Custody Even When You Are Not In Custody – Miranda Should Have Been Given
People v. Logan, 2024 IL 129054 (March). Episode 1033 (Duration 12:16)
Although this is a close case, Illinois Supreme Court said suspect was told she “had” to participate in an interview and was not told she was free to leave, in combination with the police exerting a high degree of control over the surroundings would have led a reasonable person to believe she was not at liberty to leave.
[Read more…]Defendant Reinitiated Discussion But That Didn’t Mean He Was Waiving His Right To Counsel
People v. Dorsey, 2023 IL App (1st) 200304 (September). Episode 1007 (Duration 11:47)
Based on the facts and circumstances of this case, namely, defendant’s repeated requests for counsel that were, from his perspective, ignored, no one would think he was knowingly and intelligently waiving his right to counsel, but rather that he had begun to believe that he did not have a right.
[Read more…]How A Non-Custodial Interview Turned Into A Custodial Interrogation
People v. Townsend, 2023 IL App (1st) 200911 (June). Episode 1001 (Duration 18:16)
At some point during the hours while defendant waited at the station, this encounter crossed the line from a voluntary encounter to an involuntary seizure. [Read more…]- 1
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