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…]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…]State Argued For Application Of The Attenuation Doctrine In The Face Of This Obvious 4th Amendment Violation
In re Jarrell C., 2017 IL App (1st) 170932 (December). Episode 447 (Duration 14:47)
Holding your crotch is not indicative of carrying a gun; Illinois fails to apply the exclusionary rule after police discover a warrant notwithstanding Utah v. Strieff. [Read more…]
Attenuation Doctrine Is Used To Admit A Confession That Was Obtained Illegally
People v. Hernandez, 2017 IL App (1st) 150575 (March). Episode 332 (Duration 11:51)
Confession is out; giving the defendant a fake gun residue test did not sufficiently attenuate the bad arrest. [Read more…]
24 Hours Constituted Sufficient Attenuation To Allow a Tainted Confession Into Evidence
People v. Soto, 2017 IL App (1st) 140893 (January). Episode 291 (Duration 11:45)
Third confession 24 hours after first Mirandaless confession was cured of the taint of the constitutional violation. [Read more…]
Is The Confession Sufficiently Attenuated To Be Allowed Into Evidence? Multiple Officers In Your Bedroom In The Dead Of Night…Part 2
People v. Gutierrez, 2016 IL App (3d) 130619 (December). Episode 274 (Duration 12:33)
Appellate court disagrees with trial court; defendant was arrested before he was transported to Kendall County thus the case is remanded for an attenuation hearing to see if the confession is out. [Read more…]
Multiple Officers In Your Bedroom In The Dead of Night Leads To Custodial Interrogation
People v. Gutierrez, 2016 IL App (3d) 130619 (December). Episode 273 (Duration 9:35)
Appellate court disagrees with trial court; defendant was arrested before he was transported to Kendall County thus the case is remanded for an attenuation hearing to see if the confession is out. [Read more…]
SCOTUS Refused To Apply The Exclusionary Rule After Some Constitutional Violations
Utah v. Strieff, SCOTUS No. 14–1373. Argued February 22, 2016—Decided June 20, 2016. Episode 185 (Duration 13:49)
Does the discovery of a valid arrest warrant sufficiently intervene to break the causal chain between an unlawful stop and the discovery of drug-related evidence? [Read more…]
Premature Arrest Leads To Suppression of Murder Confession: Defendant Held For 37 Hours With No Significant Attenuation
People v. Gempel, 2016 IL App (3d) 140833 (January). Episode 161 (Duration 5:55)
This murder confession is suppressed in large part because of the premature arrest and the police’s fragrant disregard of the Defendant’s Miranda rights. [Read more…]
Police Fail To Record A Murder Confession And The Taint From The Bad Confession Still Stunk Up The Place
People v. Little, 2016 IL App (3d) 140124 (March). Episode 158 (Duration 8:10)
Cigarette break is not a sufficient amount of time to remove the taint of the original unrecorded interrogation violation. [Read more…]