Kane County Nuggets

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

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Single Hand To Hand Transaction Does Not Authorize Search of the Person

December 28, 2022 By Samuel Partida, Jr.

People v. Freeman, 2021 IL App (1st) 200053 (December). Episode 850 (6:18)

1st District reverses a drug conviction because of what they say can constitute wholly innocent conduct.

[Read more…]

Filed Under: Probable Cause, Search Incident To Arrest Tagged With: Drugs

Man With A Gun Case Goes To The Defense

November 17, 2022 By Samuel Partida, Jr.

People v. Bloxton, 2020 IL App (1st) 181216 (December). Episode 838 (Duration 6:18)

Man with a bulge in his pocket attempts to walk away from police but he is stopped and arrested.

[Read more…]

Filed Under: Illinois Gun Crimes, Probable Cause, Reasonable Suspicion

Nothing In The Precedent Says Police Can Never Have Probable Cause To Detain Someone Who Is Seen With A Gun

September 8, 2022 By Samuel Partida, Jr.

People v. Ellis, 2020 IL App (1st) 190774 (September). Episode 815 (Duration 6:33)

Probable cause remains alive and active when police see a man handle a gun.

[Read more…]

Filed Under: Illinois Gun Crimes, Probable Cause

Running Away From Police While Holding A Gun Still Not A Good Idea

August 31, 2022 By Samuel Partida, Jr.

People v. Wilson, 2020 IL App (1st) 170443 (September). Episode 814 (Duration 10:32)

The court sustained this gun conviction but still found it necessary to chastise the police for doing their job.

[Read more…]

Filed Under: Illinois Gun Crimes, Probable Cause

Collective Knowledge Doctrine Only Applies If Officer’s Actually Communicate

July 13, 2020 By Samuel Partida, Jr.

People v. Williams, 2020 IL App (1st) 172992 (June). Episode 797 (Duration 4:43)

Officer A said he smelled marijuana, Officer B searched the car so the court reversed the conviction.

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Filed Under: Probable Cause, Traffic Stop

DUI Probable Cause And Chicken Wing Hot Sauce In Your Beard

June 4, 2020 By Samuel Partida, Jr.

People v. Bailey, 2019 IL App (3d) 180396 (May). Episode 631 (Duration 15:01)

Food in your beard is not particularly indicative of anything.

[Read more…]

Filed Under: DUI, Police, Probable Cause, Traffic Stop

3 Districts All Have Said The Smell Of Weed Still Justifies A Car Search

May 13, 2020 By Samuel Partida, Jr.

People v. Rice, 2019 IL App (3d) 170134 (April). Episode 623 (Duration 7:36)

A strong indication from the 3rd district on what the smell of weed means for a car search.

[Read more…]

Filed Under: Police, Probable Cause, Traffic Stop

Officer’s Hear Gunshots And See Defendant That’s Not Enough For A Search

April 14, 2020 By Samuel Partida, Jr.

People v. Craine, 2020 IL App (1st) 163403 (March). Episode 762 (Duration 10:26)

Defendant sitting on his porch when police says he’s holding his pockets like he has a gun.

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Filed Under: Probable Cause

Illinois Supreme Court Addresses The Smell Of Weed In A Car!

March 24, 2020 By Samuel Partida, Jr.

People v. Hill, 2020 IL 124595 (March). Episode 753 (Duration 13:00)

Smell of cannabis plus other things still justify a search.

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Filed Under: Probable Cause, Traffic Stop

In 2020 Can Police Search Your Car If They Smell Marijuana?

March 4, 2020 By Samuel Partida, Jr.

After Illinois passed the Cannabis Regulation and Tax Act which became effective in 2020, can police still search a car when they smell cannabis? Episode 745 (Duration 44:50)

[Read more…]

Filed Under: Podcast, Probable Cause, Traffic Stop

In 2020 Can Police Search Your Car If They Smell Marijuana?

March 4, 2020 By Samuel Partida, Jr.

After Illinois passed the Cannabis Regulation and Tax Act which became effective in 2020, can police still search a car when they smell cannabis? Episode 745 (Duration 44:50)

[Read more…]

Filed Under: Probable Cause

If You Can Get Arrested Without A Warrant Then Banning Investigative Alerts Is Kind Of Stupid

January 20, 2020 By Samuel Partida, Jr.

People v. Braswell, 2019 IL App (1st) 172810 (December). Episode 728 (Duration 8:03)

A different panel in the first district declines to hold the CPD investigative hold alert unconstitutional.

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Filed Under: Probable Cause, Warrant

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