Kane County Nuggets

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

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EHM Comes With Prospective Consent To A Home Search

January 11, 2023 By Samuel Partida, Jr.

People v. Garcia, 2021 IL App (1st) 190026 (December). Episode 856 (Duration 7:19)

An EHM agreement usually requires a defendant to agree to allow warrantless searches of his home, these agreements will be accepted by the courts.

[Read more…]

Filed Under: Consent To Search, Warrant

Man With A Gun Case Shows Some Judges Just Think Police Should Not Patrol Certain Neighborhoods

January 3, 2023 By Samuel Partida, Jr.

People v. Lockett, 2022 IL App (1st) 190716 (December). Episode 854 (Duration 12:00)

Cook County says there was no right to pat this guy down because holding your weight is no big thing.

[Read more…]

Filed Under: Illinois Gun Crimes, Pat Down, Reasonable Suspicion

Single Hand To Hand Transaction Does Not Authorize Search of the Person

December 28, 2022 By Samuel Partida, Jr.

People v. Freeman, 2021 IL App (1st) 200053 (December). Episode 850 (6:18)

1st District reverses a drug conviction because of what they say can constitute wholly innocent conduct.

[Read more…]

Filed Under: Probable Cause, Search Incident To Arrest Tagged With: Drugs

Illinois Supreme Court Says Officer Safety Still Plays A Role When Police See A Man With a Gun

December 20, 2022 By Samuel Partida, Jr.

People v. Carter, 2021 IL 125954 (December). Episode 846 (Duration 8:09)

911 call of man with a gun leads to the arrest of this defendant creating constitutional questions.

[Read more…]

Filed Under: Anonymous Tip, Illinois Gun Crimes, Reasonable Suspicion

Valid FOID Card Did Not Preclude UUW Conviction When Defendant Is Acting Fishy

December 4, 2022 By Samuel Partida, Jr.

People v. Edwards, 2020 IL App (1st) 182245 (December). Episode 843 (Duration 6:00)

This is a “man with a gun” case that the state wins guided primarily by officer safety concerns.

[Read more…]

Filed Under: Illinois Gun Crimes, Traffic Stop, UUW

Iowa Registration Sticker Gets This Guy Pulled Over And For Now Invasion of Privacy Not A Part of the Fourth Amendment Analysis

December 4, 2022 By Samuel Partida, Jr.

People v. Williams, 2020 IL App (3d) 180024 (December). Episode 842 (Duration 7:46)

The dissent wants to make the “invasion of privacy” part of the search and seizure analysis for Illinois drivers and residents.

[Read more…]

Filed Under: Traffic Stop

Passenger Not Free To Leave This Traffic Stop After The Driver Is Arrested

December 1, 2022 By Samuel Partida, Jr.

People v. Sutton, 2020 IL App (1st) 181616 (December). Episode 841 (Duration 6:05)

This car was stopped because the passenger did not have a seat belt on which meant the business of the traffic stop was not over until that issue was addressed.

[Read more…]

Filed Under: Traffic Stop Tagged With: Passenger

Open Alcohol In A Car Means The Glove Box Can Be Searched

November 22, 2022 By Samuel Partida, Jr.

People v. McGhee, 2020 IL App (3d) 180349 (December). Episode 840 (Duration 4:41)

Open alcohol in a car creates probable cause to search the car and arrest the occupants.

[Read more…]

Filed Under: Traffic Stop

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

Man With A Gun Case Goes To The Defense

November 17, 2022 By Samuel Partida, Jr.

People v. Bloxton, 2020 IL App (1st) 181216 (December). Episode 838 (Duration 6:18)

Man with a bulge in his pocket attempts to walk away from police but he is stopped and arrested.

[Read more…]

Filed Under: Illinois Gun Crimes, Probable Cause, Reasonable Suspicion

Search Warrant For A Phone Requires A Nexus To The Crime Which Will Always Include Location Data

November 8, 2022 By Samuel Partida, Jr.

People v. Reyes, 2020 IL App (2d) 170379 (November). Episode 836 (Duration 13:14)

In execution of a search warrant general search for GPS data and plain view doctrine allow police to do a more general search of a phone.

[Read more…]

Filed Under: Warrant

Obstructing A Peace Officer Reversed Because Officer Had No Reasonable Suspicion To Detain

November 7, 2022 By Samuel Partida, Jr.

People v. Gallagher, 2020 IL App (1st) 150354 (November). Episode 834 (Duration 9:57)

1st District overrules obstructing conviction because of what they say is an unlawful arrest.

[Read more…]

Filed Under: Obstructing Justice, Reasonable Suspicion Tagged With: Unlawful Arrest

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