People v. Aljohani, 2021 IL App (1st) 190692 (January). Episode 866 (Duration 6:50)
It doesn’t matter what you call it but it was reasonable for police to enter this home to check on the status of the victim.
[Read more…]Improper Lane Usage Remains A Very Unambiguous Statute
People v. Rice, 2021 IL App (3d) 180549 (January). Episode 865 (Duration 8:16)
Driver changes lanes in the middle of an intersection, but that was not an improper use of lane violation.
[Read more…]Steigmann Strong Smell Of Weed For Now Justifies A Full Car Search
People v. Rowell, 2021 IL App (4th) 180819 (January). Episode 864 (Duration 7:02)
Steigmann affirmatively reminds us that Stout is still good law and the strong odor of cannabis for now still justifies a full search, including containers, of a car.
[Read more…]EHM Comes With Prospective Consent To A Home Search
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…]Man With A Gun Case Shows Some Judges Just Think Police Should Not Patrol Certain Neighborhoods
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…]Single Hand To Hand Transaction Does Not Authorize Search of the Person
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…]Illinois Supreme Court Says Officer Safety Still Plays A Role When Police See A Man With a Gun
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…]Valid FOID Card Did Not Preclude UUW Conviction When Defendant Is Acting Fishy
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…]Iowa Registration Sticker Gets This Guy Pulled Over And For Now Invasion of Privacy Not A Part of the Fourth Amendment Analysis
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…]Passenger Not Free To Leave This Traffic Stop After The Driver Is Arrested
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…]Open Alcohol In A Car Means The Glove Box Can Be Searched
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…]Inevitable Discovery Doctrine Means Police Were Going Find Evidence Via The Independent Investigation
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.
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