People v. Clark, 2024 IL 127838 (December). Episode 1087 (Duration 11:37)
Bass and Smith erred in holding that arrests pursuant to investigative alerts automatically violate the Illinois Constitution.
[Read more…]Raw Cannabis And Burnt Cannabis Smell From A Car Have Different Car Search Rules In Illinois
People v. Molina, 2024 IL 129237 (December). Episode 1079 (Duration 11:45)
The odor of burnt cannabis suggests prior or current cannabis use, and the odor of raw cannabis suggests that cannabis is currently possessed in the area where the odor is detected.
[Read more…]Warrant Not Removed From LEADS Does Not Warrant Application Of Exclusionary Rule
People v. Nash, 2024 IL App (4th) 221078 (November). Episode 1078 (Duration 13:08)
The warrant was not removed from the system due simply to a garden-variety clerical error.
[Read more…]Anonymous Tip Of A DUI Driver Justifies A Stop In This District
People v. Johnson, 2024 IL App (4th) 231185 (October). Episode 1072 (Duration 12:55)
The law does not, and should not, require a tipster to explain why he or she believes a suspected drunk driver is drunk.
[Read more…]Reasonable Expectation In ER Room Going To Be Tough To Demonstrate By Defendant
People v. Turner, 2024 IL 129208 (September). Episode 1068 (Duration 9:32)
Defendant did not meet his burden of establishing that he had a reasonable expectation of privacy in the trauma room in the hospital’s emergency department.
[Read more…]Reasonable Suspicion And Probable Cause Both Justify A Seizure As Illustrated By This DUI Case
People v. Pellegrino, 2024 IL App (2d) 230343 (July). Episode 1055 (Duration 6:35)
However, even handcuffing the subject of a Terry stop and placing that subject in a squad car does not necessarily transform the stop into an arrest.
[Read more…]Smell Of Weed Is But One Factor To Consider Before Justifying A Car Search Without A Warrant Says The Illinois Supreme Court
People v. Redmond, 2024 IL 129201 (September). Episode 1052 (Duration 14:11)
Officer Combs’s detection of the strong odor of burnt cannabis coming from the vehicle certainly established reasonable suspicion to investigate further, but alone did not justify the search of the car.
[Read more…]Collective Knowledge Doctrine Applies Even When Off Duty Out Of State Officer Calls In A Traffic Stop
People v. Whiles, 2024 IL App (4th) 231086 (May). Episode 1045 (Duration 11:54)
The collective knowledge of all of the officers involved in the apprehension of a defendant, even if such knowledge is not told to the arresting officer, may be considered by the trial court in determining whether a reasonable suspicion existed.
[Read more…]PreTextual Stop Was Based On Much More Than Just A Traffic Infraction
People v. Hatcher, 2024 IL App (1st) 220455 (March). Episode 1036 (Duration 5:13)
Defendant was not arrested based on his possession of a firearm; he was arrested based on his suspected involvement in bank fraud.
[Read more…]Driving While Black Was NOT The Reason We Lost This Gun Case
People v. Carpenter, 2024 IL App (1st) 220970 (March). Episode 1035 (Duration 13:18)
DWB involves police using “stereotypical thinking and hunches” and “dubious investigative techniques” in traffic stops.
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