Kane County Nuggets

Internal education and training for the Kane County State's Attorney's Office.

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Inevitable Discovery Doctrine Means Police Were Going Find Evidence Via The Independent Investigation

November 18, 2022 By Samuel Partida, Jr.

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…]

Filed Under: Attenuation, Good Faith Exception

Right to Remain Silent Means Police Must Scrupulous Honor Request To Stay Quiet

April 15, 2021 By Samuel Partida, Jr.

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…]

Filed Under: Confession

Can The State Compel You To Give Up Your Phone Passcode?

April 15, 2020 By Samuel Partida, Jr.

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…]

Filed Under: Confession, Evidence, Police

Miranda Warnings To A Minor With Severe Learning Disabilities Is No Good

April 13, 2020 By Samuel Partida, Jr.

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.

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Filed Under: Juvenile Justice, Miranda

A Difficult Case That Leaves Us Wondering How We Got Here

April 8, 2020 By Samuel Partida, Jr.

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.

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Filed Under: Accountability, Confession

Subtle Compulsion Is Not Interrogation And Miranda Is Not Required

December 18, 2019 By Samuel Partida, Jr.

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…]

Filed Under: Miranda

Codefendants Illegal Confession Won’t Purge The Stink Resulting From Defendant’s Improper Arrest: No Attenuation Here

December 3, 2019 By Samuel Partida, Jr.

People v. Gutierrez, 2019 IL App (3d) 180405 (November). Episode 708 (Duration 8:52)

No attenuation after this unlawful arrest and interrogation.

[Read more…]

Filed Under: Attenuation

Additional Contemplation On Confession Cases, Binders, And This Thing Of Ours

October 1, 2019 By Samuel Partida, Jr.

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…]

Filed Under: Miranda

Defendant Says He Doesn’t What To Answer “That” Question: Police Don’t Know What Question He’s Talking About

September 25, 2019 By Samuel Partida, Jr.

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…]

Filed Under: Miranda

Roadside Custodial Interrogation Required Miranda Warnings

December 17, 2018 By Samuel Partida, Jr.

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…]

Filed Under: Miranda

Making Sense Of The Latest Illinois Juvenile Interrogation Statute

November 12, 2018 By Samuel Partida, Jr.

In re Jose A., 2018 IL App (2d) 180170 (October). Episode 557 (Duration 22:10)

The new juvenile Miranda requirement is discussed here. [Read more…]

Filed Under: Juvenile Justice, Voluntary

3 Illinois Confession Cases Where Defendants Ask For Their Mom: A Memory Formula Application

September 19, 2018 By Samuel Partida, Jr.

We apply the Case Law Memory Formula to 3 confession cases. Episode 538 (Duration 16:32)

[Read more…]

Filed Under: Confession

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