Kane County Nuggets

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

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Collective Knowledge Doctrine Applies Even When Off Duty Out Of State Officer Calls In A Traffic Stop

September 5, 2024 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.

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Filed Under: Reasonable Suspicion, Suspension, Traffic Stop Tagged With: Collective Knowledge

PreTextual Stop Was Based On Much More Than Just A Traffic Infraction

August 20, 2024 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.

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Filed Under: Gun Crimes, Traffic Stop Tagged With: Car Search

Driving While Black Was NOT The Reason We Lost This Gun Case

August 19, 2024 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.

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Filed Under: Gun Crimes, Traffic Stop

Frank’s Hearing Justified To Explain Why These Officers Did Not Know The Witness Had A Marijuana License

August 6, 2024 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.

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Filed Under: Warrant

POD View Of Man With A Gun Magazine Is Not Probable Cause

August 5, 2024 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. 

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Filed Under: Gun Crimes, Probable Cause

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.”

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

Investigative Alerts Are Constitutional Says This Panel In The First District

July 8, 2024 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. 

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Filed Under: Probable Cause, Traffic Stop, Warrant Tagged With: Investigative Alert

Inventory Tow Is Not The Same As An Article 36 Tow Search

July 3, 2024 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.

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Filed Under: Traffic Stop Tagged With: Inventory Search

Sweaty And Out Of Breath Was Not The Only Reason This Guy Was Detained

July 1, 2024 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.

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Filed Under: Reasonable Suspicion Tagged With: Collective Knowledge

Gun Locked In Glove Box Attributable To Driver Convicted Of AUUW

June 28, 2024 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,

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Filed Under: Gun Crimes, Plain View, UUW Tagged With: constructive possession

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