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

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

State Argued For Application Of The Attenuation Doctrine In The Face Of This Obvious 4th Amendment Violation

January 30, 2018 By Samuel Partida, Jr.

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…]

Filed Under: Attenuation, Pat Down, Police

Attenuation Doctrine Is Used To Admit A Confession That Was Obtained Illegally

May 2, 2017 By Samuel Partida, Jr.

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…]

Filed Under: Attenuation

24 Hours Constituted Sufficient Attenuation To Allow a Tainted Confession Into Evidence

February 6, 2017 By Samuel Partida, Jr.

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…]

Filed Under: Attenuation, Miranda

Is The Confession Sufficiently Attenuated To Be Allowed Into Evidence? Multiple Officers In Your Bedroom In The Dead Of Night…Part 2

December 28, 2016 By Samuel Partida, Jr.

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…]

Filed Under: Attenuation, Police, Probable Cause

Multiple Officers In Your Bedroom In The Dead of Night Leads To Custodial Interrogation

December 27, 2016 By Samuel Partida, Jr.

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…]

Filed Under: Attenuation

SCOTUS Refused To Apply The Exclusionary Rule After Some Constitutional Violations

June 22, 2016 By Samuel Partida, Jr.

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…]

Filed Under: Attenuation, Good Faith Exception, Police, SCOTUS

Premature Arrest Leads To Suppression of Murder Confession: Defendant Held For 37 Hours With No Significant Attenuation

April 19, 2016 By Samuel Partida, Jr.

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…]

Filed Under: Attenuation, Miranda

Police Fail To Record A Murder Confession And The Taint From The Bad Confession Still Stunk Up The Place

April 12, 2016 By Samuel Partida, Jr.

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…]

Filed Under: Attenuation, Confession

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