People v. Partin, 2022 IL App (2d) 210445 (June). Episode 947 (Duration 7:50)
Requiring the officers to wait for a qualified person to arrive before deciding whether to tow and impound the truck would unduly burden the officers.
[Read more…]By Samuel Partida, Jr.
People v. Partin, 2022 IL App (2d) 210445 (June). Episode 947 (Duration 7:50)
Requiring the officers to wait for a qualified person to arrive before deciding whether to tow and impound the truck would unduly burden the officers.
[Read more…]By Samuel Partida, Jr.
People v. Aljohani, 2022 IL 127037 (June). Episode 946 (Duration 7:59)
Here, it was reasonable for the officers to enter the apartment, absent a warrant, to see if one of the occupants was in need of emergency aid.
[Read more…]By Samuel Partida, Jr.
People v. Sims, 2022 IL App (2d) 200391 (March). Episode 933 (Duration 8:08)
The odor of cannabis was indicative of criminal activity, and defendant who voluntarily sat in the passenger seat of a squad car was not in custody.
[Read more…]By Samuel Partida, Jr.
People v. Aquisto, 2022 IL App (4th) 200081 (February). Episode 929 (Duration 5:02)
If a defendant sells drugs in the backyard of a house known to be the defendant’s residence, a person of reasonable caution would infer that the defendant probably is using the house as a base for ongoing drug trafficking.
[Read more…]By Samuel Partida, Jr.
People v. Molina, 2022 IL App (4th) 220152 (November). Episode 926 (Duration 8:17)
An officer who smells cannabis in a vehicle he has just stopped is almost certain to discover a violation of the Vehicle Code because the law clearly states that when cannabis is transported in a private vehicle, the cannabis must be stored in a sealed, odor-proof container.
[Read more…]By Samuel Partida, Jr.
People v. Hudson, 2023 IL App (1st) 192519 (January). Episode 925 (Duration 10:19)
The trial court’s decision to exclude course-of-investigation testimony as “hearsay” was legal error and the jury should have been given the search warrant.
[Read more…]By Samuel Partida, Jr.
People v. Serrato, 2023 IL App (2d) 220100 (January). Episode 924 (Duration 4:39)
When the agents seized the gun, they had probable cause to believe that it was evidence of a crime—unlawful possession of a weapon by a felon.
[Read more…]By Samuel Partida, Jr.
People v. Sneed, 2023 IL 127968 (June). Episode 918 (Duration 10:24)
The foregone conclusion test is applicable in the context of the compelled production of cell phone passcodes.
[Read more…]By Samuel Partida, Jr.
People v. Sneed, 2021 IL App (4th) 210180 (November). Episode 917 (Duration 14:15)
Requiring defendant to provide entry or the passcode to the phone does not compel him to provide testimony within the meaning of the fifth amendment.
[Read more…]By Samuel Partida, Jr.
People v. Duffie, 2021 IL App (1st) 171620 (September). Episode 909 (Duration 6:06)
Police did not have independent probable cause to search defendant’s pants as they were handing them to him to get dressed.
[Read more…]