Kane County Nuggets

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

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Plain View Does Not Include Peering Into A Locked Cabinet And Using A Flashlight To Take A Peek

February 27, 2025 By Samuel Partida, Jr.

People v. Hagestedt, 2025 IL 130286 (February). Episode 1097 (Duration 9:53)

The question is whether the officer’s actions were related to investigating the gas leak and whether those actions produced an additional invasion of defendant’s privacy interests

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Filed Under: Plain View Tagged With: Illinois Supreme Court

Reasonable Expectation In ER Room Going To Be Tough To Demonstrate By Defendant

November 5, 2024 By Samuel Partida, Jr.

People v. Turner, 2024 IL 129208 (September). Episode 1068 (Duration 9:32)

Defendant did not meet his burden of establishing that he had a reasonable expectation of privacy in the trauma room in the hospital’s emergency department. 

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Filed Under: Plain View, Warrant

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

Is There Really An Expectation Of Privacy In A Hospital Emergency Room?

April 16, 2024 By Samuel Partida, Jr.

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.

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Filed Under: Plain View, Warrant

Search Warrant For Drugs Leads To Discovery of Gun But Is That A Crime?

January 30, 2024 By Samuel Partida, Jr.

People v. Serrato, 2023 IL App (2d) 220100 (January). Episode 924 (Duration 4:39)

When the agents seized the gun, they had probable cause to believe that it was evidence of a crime—unlawful possession of a weapon by a felon.

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Filed Under: Plain View, Warrant

Forget The Dog Police Can Rely On Their Own Nose To Detect Cannabis

May 5, 2020 By Samuel Partida, Jr.

People v. Brandt, 2019 IL App (4th) 180219 (April). Episode 621 (Duration 17:08)

Police use their own sense of smell to go get a warrant for a house.

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Filed Under: Plain View Tagged With: Odor of Cannabis

Police Grab His Throat And Pull A Plastic Bag Out Of His Mouth – Permissible Use Of Force?

December 2, 2019 By Samuel Partida, Jr.

People v. Augusta, 2019 IL App (3d) 170309 (November). Episode 707 (Duration 7:34)

Police grabbed defendant by the throat to pull some plastic baggies out of his mouth.

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Filed Under: Plain View, Search & Seizure, Traffic Stop

Warrantless Search of Hotel Room Exceeds The Scope of Search Incident to Arrest

September 7, 2016 By Samuel Partida, Jr.

People v. Franklin, 2016 IL App (1st) 140059 (August). Episode 221 (Duration 9:15)

Police find weed in this hotel room, but the warrantless search of the room exceeded the scope of a search incident to arrest.

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Filed Under: Plain View, Warrant

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