People v. Kadow, 2021 IL App (4th) 190103 (January). Episode 868 (Duration 5:19)
Here, we are dealing with an individual with a functional IQ of 50, who “requires interaction as though working with a very young child.”
[Read more…]Unrecorded Statement In This Murder Charge Leads To Reversal
People v. Cain, 2021 IL App (1st) 191921 (December). Episode 859 (Duration 5:40)
If you don’t record the murder interrogation then you have to show the statement was voluntary.
[Read more…]Inevitable Discovery Doctrine Means Police Were Going Find Evidence Via The Independent Investigation
People v. Baker, 2020 IL App (2d) 180300 (December). Episode 839 (Duration 8:33)
Don’t forget to argue inevitable discovery when the sequence of events in an investigation are a little out of order.
[Read more…]Right to Remain Silent Means Police Must Scrupulous Honor Request To Stay Quiet
People v. Flores, 2014 IL App (1st) 121786 (November). Episode 030 (Duration 19:46). Right to remain silent must be scrupulously honored by the police.
[Read more…]Can The State Compel You To Give Up Your Phone Passcode?
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?
[Read more…]Miranda Warnings To A Minor With Severe Learning Disabilities Is No Good
People v. Wilson, 2020 IL App (1st) 162430 (March). Episode 761 (Duration 14:17)
Minor had severe learning disabilities and probably didn’t understand his Miranda warnings.
Read moreA Difficult Case That Leaves Us Wondering How We Got Here
People v. Ramos, 2020 IL App (1st) 170929 (March). Episode 760 (Duration 21:44)
Conviction for murder reversed outright where the judge misconstrued defendant’s so called confession.
Read moreSubtle Compulsion Is Not Interrogation And Miranda Is Not Required
People v. Ross, 2019 IL App (1st) 162341 (October). Episode 715 (Duration 8:58)
Officer tells defendant, “I know why you’re running.”
[Read more…]Codefendants Illegal Confession Won’t Purge The Stink Resulting From Defendant’s Improper Arrest: No Attenuation Here
People v. Gutierrez, 2019 IL App (3d) 180405 (November). Episode 708 (Duration 8:52)
No attenuation after this unlawful arrest and interrogation.
[Read more…]Additional Contemplation On Confession Cases, Binders, And This Thing Of Ours
People v. Firestine, 2019 IL App (5th) 180264 (July). Episode 684(Duration 12:22)
I was thinking more about how best to use that confession case. [Read more…]
Defendant Says He Doesn’t What To Answer “That” Question: Police Don’t Know What Question He’s Talking About
People v. Firestine, 2019 IL App (5th) 180264 (July). Episode 682 (Duration 8:51)
Defendant said he didn’t want to answer that question without an attorney. [Read more…]
Roadside Custodial Interrogation Required Miranda Warnings
People v. Garza, 2018 IL App (3d) 170525 (December). Episode 570 (Duration 7:03)
In a close one the reviewing court agrees to suppress these statements made on the roadside after a traffic stop. [Read more…]
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