Kane County Nuggets

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

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Parole Search Does Not Require That You Have A Copy Of The Parolee’s Release Agreement

May 14, 2025 By Samuel Partida, Jr.

People v. Pyles, 2025 IL App (4th) 240220 (April). Episode 1108 (Duration 6:28)

An officer’s knowledge that the defendant was on MSR in and of itself renders a suspicionless search reasonable.

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Filed Under: Consent To Search, Warrant Tagged With: Parole Search

Officers Find Themselves In A Home And It’s Unclear If They Had Consent To Be There

December 14, 2023 By Samuel Partida, Jr.

People v. Schreiner, 2021 IL App (1st) 190191 (April).  Episode 890 (Duration 8:29

Police follow a trail of debris right to Defendant’s home, then barge into the home when Defendant’s wife answers the door.

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Filed Under: Consent To Search, DUI, Warrant

Consent In This Case Did Not Extend To A Search of the Buttock

November 27, 2023 By Samuel Partida, Jr.

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.

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Filed Under: Consent To Search

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.

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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.

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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

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.

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Filed Under: Consent To Search

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

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

Categories

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