Kane County Nuggets

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

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DUI On A Bridge Causes Huge Jurisdiction Problem

June 26, 2020 By Samuel Partida, Jr.


People v. Lampert
, 2019 IL App (5th) 180248 (May)
. Episode 640 (Duration 16:08)

Defendant crashes on the bridge from Illinois to Kentucky fun jurisdictional SNAFU ensues.

[Read more…]

Filed Under: DUI, Police

When A Perpetrator Description Can Be So Detailed And So Good It Damages The Photo Lineup (Photos Enclosed)

June 10, 2020 By Samuel Partida, Jr.


People v. Clifton
, 2019 IL App (1st) 151967 (April)
. Episode 632 (Duration 8:20)

Unduly suggestive ID, you make the call photos provided here. ** This opinion has photos.

[Read more…]

Filed Under: Eyewitness, Police

DUI Probable Cause And Chicken Wing Hot Sauce In Your Beard

June 4, 2020 By Samuel Partida, Jr.

People v. Bailey, 2019 IL App (3d) 180396 (May). Episode 631 (Duration 15:01)

Food in your beard is not particularly indicative of anything.

[Read more…]

Filed Under: DUI, Police, Probable Cause, Traffic Stop

Dropsy, Smells-Me, Front Seating, and Other Testilying Testimony Has To Be Weighed On It’s Own Merit

June 2, 2020 By Samuel Partida, Jr.


People v. Campbell
, 2019 IL App (1st) 161640 (April)
. Episode 630 (Duration 11:07)

Court is not insensitive to claims of “dropsy” testimony and “testilying.”

[Read more…]

Filed Under: Police, Traffic Stop, UUW

3 Districts All Have Said The Smell Of Weed Still Justifies A Car Search

May 13, 2020 By Samuel Partida, Jr.

People v. Rice, 2019 IL App (3d) 170134 (April). Episode 623 (Duration 7:36)

A strong indication from the 3rd district on what the smell of weed means for a car search.

[Read more…]

Filed Under: Police, Probable Cause, Traffic Stop

Court Is Taking The Discovery Rules Seriously In Summary Suspension Hearings

April 20, 2020 By Samuel Partida, Jr.

People v. Patel, 2019 IL App (2d) 170766 (March). Episode 603 (Duration 19:01)

State failed to produce discover for the SSS Hearing, they subsequently blew Trainor.

[Read more…]

Filed Under: Discovery, Police, Suspension

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

When Easily Identifiable Informants Are Treated As Anonymous Tipsters

March 23, 2020 By Samuel Partida, Jr.

People v. Holmes, 2019 IL App (1st) 160987 (March). Episode 601 (Duration 9:33)

An essentially anonymous tip was treated as wholly unreliable resulting in an outright reversal of this gun conviction.

[Read more…]

Filed Under: Anonymous Tip, Pat Down, Police

Scott’s Law In Illinois 625 ILCS 5/11-907(c)

March 18, 2020 By Samuel Partida, Jr.

Scott’s Law in Illinois is the requirement that drivers slow down and move over when police cars or other emergency vehicles are stopped on the roadway.

[Read more…]

Filed Under: Podcast, Police, Suspension

Police Search This Property Without A Warrant State Concedes Some Illegality

March 13, 2020 By Samuel Partida, Jr.

In re K.M., 2019 IL App (1st) 172322 (February). Episode 595 (Duration 13:05)

Police entered onto private property without a warrant to retrieve stolen property, the fallout is widespread.

[Read more…]

Filed Under: Anonymous Tip, Police

When Is A Criminal Informant Considered A Witness Who Has To Testify?

February 26, 2020 By Samuel Partida, Jr.

People v. Monroy-Jaimes, 2019 IL App (2d) 160426 (January). Episode 586 (Duration 9:38)

Interesting use of an informant, how much of it was legal?

[Read more…]

Filed Under: Anonymous Tip, Police

Traffic Stop Based On Mistaken Identity Leads To An Odor Of Cannabis

February 12, 2020 By Samuel Partida, Jr.

People v. Hill, 2019 IL App (4th) 180041 (January). Episode 584 (Duration 16:08)

Officer sees passenger riding low in the seat and thinks it may be a guy wanted on warrant, turns out it wasn’t him.

[Read more…]

Filed Under: Police, Traffic Stop

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