People v. Webb, 2023 IL 128957 (November). Episode 1018 (Duration 8:03)
Our circuit and appellate courts are bound to apply that precedent to the “facts of the case before them under the fundamental principle of stare decisis.”
[Read more…]By Samuel Partida, Jr.
People v. Webb, 2023 IL 128957 (November). Episode 1018 (Duration 8:03)
Our circuit and appellate courts are bound to apply that precedent to the “facts of the case before them under the fundamental principle of stare decisis.”
[Read more…]By Samuel Partida, Jr.
People v. Streater, 2023 IL App (1st) 220640 (November). Episode 1015 (Duration 4:07)
We choose to follow the well-reasoned decision in Braswell, and those cases following it, and agree that, where probable cause exists, a warrantless public arrest based on an investigative alert or an instruction to arrest from the investigating officer is constitutional, so long as it is supported by probable cause.
[Read more…]By Samuel Partida, Jr.
People v. Smith, 2023 IL App (3d) 23006 (October). Episode 1014 (Duration 9:35)
The trial court reasonably concluded that the officer’s stated basis for the inventory—asset forfeiture—was merely pretext for conducting an investigatory search.
[Read more…]By Samuel Partida, Jr.
People v. Maxfield, 2023 IL App (1st) 151965-B (September). Episode 1012 (Duration 8:44)
Sweating, even profusely, alone is not enough to support a reasonable suspicion.
[Read more…]By Samuel Partida, Jr.
People v. Mallett, 2023 IL App (1st) 220920 (September). Episode 1011 (Duration 6:42)
(1) It was immediately apparent to the officer that he had probable cause to believe, that the white pills in the blue-tinted, knotted baggie were illegal narcotics. (2) The evidence clearly shows the car was her car, she had control of the car,
[Read more…]By Samuel Partida, Jr.
People v. Wallace, 2023 IL App (1st) 200917 (September). Episode 1008 (Duration 6:29)
Officer reached into the car to perform the protective pat down over the bulged area as defendant was seated, and Officer Zeman specifically testified that he feared defendant had a weapon.
[Read more…]By Samuel Partida, Jr.
People v. Lozano, 2023 IL 128609 (September). Episode 1004 (Duration 8:05)
None of these factors weigh in favor of finding that the officers had reasonable suspicion to conduct a Terry stop.
[Read more…]By Samuel Partida, Jr.
People v. Tennort, 2023 IL App (2d) 220313 (June). Episode 1002 (Duration 12:41)
The fact that the officer observed defendant for three miles before stopping him is not material, as that is not a prolonged period under the facts and circumstances here
[Read more…]By Samuel Partida, Jr.
People v. Mallery, 2023 IL App (4th) 220528 (April). Episode 989 (Duration 6:52)
Probable cause for the vehicle search existed based upon the canine’s positive alert, and the trial court erred in finding otherwise.
[Read more…]By Samuel Partida, Jr.
People v. Parlier, 2023 IL App (4th) 220091 (February). Episode 981 (Duration 17:07)
People with an interest in child pornography tend to hoard their materials and retain them for a long time.
[Read more…]