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.
[Read more…]Staleness Of A Search Warrant For Child Porn Should Never Be A Problem
People v. Parlier, 2023 IL App (4th) 220091 (February). Episode 981 (Duration 17:07)
People with an interest in child pornography tend to hoard their materials and retain them for a long time.
[Read more…]Is There Really An Expectation Of Privacy In A Hospital Emergency Room?
People v. Turner, 2022 IL App (5th) 190329 (October). Episode 964 (Duration 8:14)
Defendant here had no possessory interest in the ER, and there is no evidence that defendant had the ability to exclude others.
[Read more…]Probable Cause For DUI Arrest Established Even Though No Accurate FST’s Done
People v. Workheiser, 2022 IL App (3d) 200450 (September). Episode 960 (Duration 4:47)
Slurred speech, dexterity issues, confusion, and difficulty following instructions established probable cause for DUI arrest.
[Read more…]Probable Cause Dissipation After Initial Thourough Car Search Revealed Nothing
People v. Randall, 2022 IL App (1st) 210846 (September). Episode 959 (Duration 10:38)
The initial “thorough” search of the vehicle, which uncovered no contraband, dissipated any probable cause that was created by the observations of furtive movements and nervousness.
[Read more…]3rd District Is the Outlier When It Comes To The Smell Of Weed In A Car
People v. Stribling, 2022 IL App (3d) 210098 (September). Episode 958 (Duration 4:21)
The smell of the burnt cannabis, without any corroborating factors, is not enough to establish probable cause to search the vehicle.
[Read more…]Smell of Weed Means Even The Tiniest Compartments In A Purse In A Car Can Be Searched
People v. Villarreal, 2022 IL App (2d) 200077 (July). Episode 956 (Duration 5:04)
Although defendant’s stipulated bench trial was tantamount to a guilty plea, she did not waive review of the ruling on her motion to suppress
[Read more…]Investigative Alerts Are Unconstitutional Under Illinois Constitution
People v. Smith, 2022 IL App (1st) 190691 (July). Episode 955 (Duration 7:53)
Defendant’s warrantless arrest was improper, as it was premised solely on an investigative alert issued six months earlier.
[Read more…]Inventory Car Search Policy Does Not Require That Police Wait Around For A Valid Licensed Driver To Show
People v. Partin, 2022 IL App (2d) 210445 (June). Episode 947 (Duration 7:50)
Requiring the officers to wait for a qualified person to arrive before deciding whether to tow and impound the truck would unduly burden the officers.
[Read more…]Emergency Aid Exception Is Different Than Community Caretaking Doctrine
People v. Aljohani, 2022 IL 127037 (June). Episode 946 (Duration 7:59)
Here, it was reasonable for the officers to enter the apartment, absent a warrant, to see if one of the occupants was in need of emergency aid.
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