Kane County Nuggets

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

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Old Smell of Weed Cases Remain Good Law Says The Illinois Supreme Court

July 11, 2024 By Samuel Partida, Jr.

People v. Webb, 2023 IL 128957 (November). Episode 1018 (Duration 8:03)

Our circuit and appellate courts are bound to apply that precedent to the “facts of the case before them under the fundamental principle of stare decisis.”

[Read more…]

Filed Under: Drug Dog, Traffic Stop Tagged With: Illinois Supreme Court, Odor of Cannabis

Canine Alert To Presence of Cannabis In A Car Means Car Can Be Searched 

May 22, 2024 By Samuel Partida, Jr.

People v. Mallery, 2023 IL App (4th) 220528 (April). Episode 989 (Duration 6:52)

Probable cause for the vehicle search existed based upon the canine’s positive alert, and the trial court erred in finding otherwise.

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Filed Under: Drug Dog, Traffic Stop Tagged With: Odor of Cannabis

Dog Was There In 7 Minutes Stop Was Not Unreasonably Prolonged

November 17, 2023 By Samuel Partida, Jr.

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…]

Filed Under: Drug Dog, Traffic Stop

Zero Expectation Of Privacy Outside A Motel Room Door | Surprise Dog Sniff Case

April 27, 2020 By Samuel Partida, Jr.

People v. Lindsey, 2020 IL 124289 (April). Episode 764 (Duration 11:33)

Dogs sniffing outside doors again; this time it’s a motel room.

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Filed Under: Drug Dog

Dog Walked Around This Commercial Truck Begs The Question: Was The Stop Unconstitutionally Prolonged?

February 17, 2020 By Samuel Partida, Jr.

People v. Bujari, 2020 IL App (3d) 190028 (February). Episode 737 (Duration 15:07)

Officer walks the dog around the truck before the truck driver has a chance to pull away.

[Read more…]

Filed Under: Drug Dog

A One Inch By One Inch Plastic Baggie With A Zip Lock…What Can Police Do With That?

December 31, 2019 By Samuel Partida, Jr.

People v. Jordan, 2019 IL App (4th) 190223 (December). Episode 720 (Duration 9:23)

Officers approach a young man in a car and get the dog out to sniff, was that reasonable?

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Filed Under: Drug Dog, Reasonable Suspicion

Driver’s Nervousness Justified The Delay For The Drug Dog To Come Out

November 28, 2018 By Samuel Partida, Jr.

People v. Sadeq, 2018 IL App (4th) 160105 (November). Episode 563 (Duration 15:18)

Steigmann says the delay to have the drug dog come out was justified because defendant was, in part, extremely nervous.

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Filed Under: Drug Dog

Illinois Drug Dog Case: Supreme Court Is Pushed To Decide If Apartments Have Less Constitutional Protection Than Houses

October 30, 2018 By Samuel Partida, Jr.

People v. Bonilla, 2018 IL 122484 (October). Episode 552 (Duration 8:50)

Constitutional violation did not depend on whether the common door to the apartment was locked.

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Filed Under: Drug Dog

Unreasonable Delay For A Drug Dog Sniff – Accumulation of Road Trash Is Not Reasonable Suspicion

September 10, 2018 By Samuel Partida, Jr.

People v. Thomas, 2018 IL App (4th) 170440 (August). Episode 533 (Duration 18:57)

The court takes the time to go through the signs of drug trafficking interdiction officers are trained to look for.

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Filed Under: Drug Dog

“No Talking” Command Was An Order Not A Request And An Unreasonable Seizure

February 28, 2018 By Samuel Partida, Jr.

People v. Lee, 2018 IL App (3d) 170209 (February). Episode 458 (Duration 6:59)

In this search and seizure case 25 minute wait for the sniff dog was too long.

[Read more…]

Filed Under: Drug Dog, Traffic Stop

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