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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
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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
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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
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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…]