Kane County Nuggets

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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

There Is A Difference Between Implied Consent And Actual Consent To A Blood Draw

September 23, 2022 By Samuel Partida, Jr.

People v. Patel, 2020 IL App (2d) 190532 (September). Episode 819 (Duration 7:05)

In a DUI trial State admitted results of blood and urine tests relying on defendant’s actual consent and not relying on an implied consent.

[Read more…]

Filed Under: Blood, Consent To Search

Can You Be Stopped And Arrested For Being An Illegal Alien?

July 1, 2020 By Samuel Partida, Jr.

People v. Montes, 2020 IL App (2d) 180565 (June). Episode 793 (Duration 14:30)

Can a person be stopped and arrested for being in the country illegally?

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Filed Under: Consent To Search, Reasonable Suspicion

Parolees Have A Reduced Expectation Of Privacy But How Low Does It Go?

June 9, 2020 By Samuel Partida, Jr.

People v. Johnson, 2020 IL App (1st) 172987 (May). Episode 783 (Duration 7:40)

Parolees have less constitutional protection when it comes to a search of their home.

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Filed Under: Consent To Search, Warrant

Former Police Officer With A Law Degree Matthew Taylor Provides Insight And Perspective On The Criminal Law

March 2, 2018 By Samuel Partida, Jr.

Episode 459 (Duration 54:23) What do police think about the case law? Do they think about the case law? Matthew Taylor provides some insight.

[Read more…]

Filed Under: Consent To Search, Podcast

Litigating “Knock And Talk” Warrantless Entries With Alana De Leon

April 25, 2017 By Samuel Partida, Jr.


Alana De Leon is an Illinois criminal law litigator worth keeping an eye on. In episode 328 (Duration 43:21) of the Criminal Nuggets Podcast she helps us explore some of the intricacies of “knock and talk” warrantless entries.  [Read more…]

Filed Under: Consent To Search, Podcast, Warrant

Consent To Search Is Null And Void If Police Lied To Get You To Sign It

November 2, 2016 By Samuel Partida, Jr.

People v. Wall, 2016 IL App (5th) 140596 (October). Episode 250 (Duration 5:47)

Police lied to him about a break-in at his home, then tell him to sign the consent form or he’ll get arrested. [Read more…]

Filed Under: Consent To Search, Police

The Words “Come Here” Mean Drugs Had To Be Suppressed

September 5, 2016 By Samuel Partida, Jr.

People v. Williams, 2016 IL App (1st) 132615 (August). Episode 219 (Duration 8:22)

Defendant was improperly seized as soon as police arrived on the scene, they had no reasonable suspicion. [Read more…]

Filed Under: Consent To Search, Police

Persistent Aggressive Deputies Push Their Way Into A Home Under A Pretext Of Providing Aid

May 16, 2016 By Samuel Partida, Jr.

People v. Swanson, 2016 IL App (2d) 150340 (May). Episode 168 (Duration 6:16)

Deputies investigating a single car accident make a warrantless and unconstitutional entry into defendant’s home. [Read more…]

Filed Under: Consent To Search, DUI, Police

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