People v. Meakens, 2021 IL App (2d) 180991 (April). Episode 888 (Duration 5:11)
The delay in obtaining a search warrant for the defendant’s iPhone violated his fourth amendment right to be free from unreasonable searches and seizures.
[Read more…]Open Flakes of Cannabis Will Constitute Probable Cause for an Arrest
In re M.G., 2022 IL App (4th) 210679 (April). Episode 887 (Duration 3:29)
Juvenile arrested and searched for standing outside a truck that has visible cannabis flakes inside.
[Read more…]You Will Lose A Traffic Stop Case If You Can’t Account For Every Minute of the Traffic Stop
People v. Bass, 2021 IL 125434 (April). Episode 886 (Duration 5:46)
Illinois Supreme Court declines to take a stand on constitutionality of investigative alerts.
[Read more…]Consent In This Case Did Not Extend To A Search of the Buttock
People v. Banta, 2021 IL App (4th) 180761(March) Episode 880 (Duration 6:14)
Nonverbal consent must be unequivocally clear, especially where consent is sought to be shown by way of a single ambiguous gesture.
[Read more…]Following To Closely May Not Be A Good Basis For a Traffic Stop
People v. Haddad, 2021 IL App (3d) 180545 (March). Episode 879 (Duration 4:27)
The stop here is no good, there is no objective standard to determine when a driver is following too closely.
[Read more…]Dog Was There In 7 Minutes Stop Was Not Unreasonably Prolonged
People v. Sanchez, 2021 IL App (3d) 170410 (February). Episode 877 (Duration 5:25)
Dog sniff 7 minutes into this traffic stop did not unreasonably prolong the traffic stop.
[Read more…]Exigent Circumstance Justifies Warrantless Search As Police Look For This Missing Person
People v. Kulpin, 2021 IL App (2d) 1800696 (February). Episode 875 (Duration 6:16)
Warrantless search into a home upheld based on valid concern for exigent circumstances involving the safety of a lady.
[Read more…]Hospital Rooms Are More Like Hotel Rooms And Have An Expectation of Privacy
People v. Pearson, 2021 IL App (2d) 190833 (February). Episode 874 (Duration 3:47)
Defendant had an expectation of privacy in the emergency room he was in where his pants with the cocaine in the pocket were located.
[Read more…]Community Caretaking Doctrine, Emergency Aid Exception, Exigent Circumstance All The Same Thing
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.
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