By Samuel Partida, Jr.
People v. Whiles, 2024 IL App (4th) 231086 (May). Episode 1045 (Duration 11:54)
The collective knowledge of all of the officers involved in the apprehension of a defendant, even if such knowledge is not told to the arresting officer, may be considered by the trial court in determining whether a reasonable suspicion existed.
[Read more…]By Samuel Partida, Jr.
People v. Hatcher, 2024 IL App (1st) 220455 (March). Episode 1036 (Duration 5:13)
Defendant was not arrested based on his possession of a firearm; he was arrested based on his suspected involvement in bank fraud.
[Read more…]By Samuel Partida, Jr.
People v. Carpenter, 2024 IL App (1st) 220970 (March). Episode 1035 (Duration 13:18)
DWB involves police using “stereotypical thinking and hunches” and “dubious investigative techniques” in traffic stops.
[Read more…]By Samuel Partida, Jr.
People v. Heibenthal, 2024 IL App (4th) 221109 (February). Episode 1029 (Duration 8:34)
Defendant argued it is unfathomable that two seasoned police officers who work for the State of Illinois, could not discern that a witness in deed had a a valid Medical Cannabis License.
[Read more…]By Samuel Partida, Jr.
People v. Page, 2024 IL App (1st) 220830 (February). Episode 1028 (Duration 5:56)
Officer sees a man with a gun magazine, but has no reason to conclude the man’s possession of a firearm was illegal.
[Read more…]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…]By Samuel Partida, Jr.
People v. Streater, 2023 IL App (1st) 220640 (November). Episode 1015 (Duration 4:07)
We choose to follow the well-reasoned decision in Braswell, and those cases following it, and agree that, where probable cause exists, a warrantless public arrest based on an investigative alert or an instruction to arrest from the investigating officer is constitutional, so long as it is supported by probable cause.
[Read more…]By Samuel Partida, Jr.
People v. Smith, 2023 IL App (3d) 23006 (October). Episode 1014 (Duration 9:35)
The trial court reasonably concluded that the officer’s stated basis for the inventory—asset forfeiture—was merely pretext for conducting an investigatory search.
[Read more…]By Samuel Partida, Jr.
People v. Maxfield, 2023 IL App (1st) 151965-B (September). Episode 1012 (Duration 8:44)
Sweating, even profusely, alone is not enough to support a reasonable suspicion.
[Read more…]By Samuel Partida, Jr.
People v. Mallett, 2023 IL App (1st) 220920 (September). Episode 1011 (Duration 6:42)
(1) It was immediately apparent to the officer that he had probable cause to believe, that the white pills in the blue-tinted, knotted baggie were illegal narcotics. (2) The evidence clearly shows the car was her car, she had control of the car,
[Read more…]