Kane County Nuggets

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

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Man With A Gun Case Shows Some Judges Just Think Police Should Not Patrol Certain Neighborhoods

January 3, 2023 By Samuel Partida, Jr.

People v. Lockett, 2022 IL App (1st) 190716 (December). Episode 854 (Duration 12:00)

Cook County says there was no right to pat this guy down because holding your weight is no big thing.

[Read more…]

Filed Under: Illinois Gun Crimes, Pat Down, Reasonable Suspicion

Illinois Supreme Court Says Officer Safety Still Plays A Role When Police See A Man With a Gun

December 20, 2022 By Samuel Partida, Jr.

People v. Carter, 2021 IL 125954 (December). Episode 846 (Duration 8:09)

911 call of man with a gun leads to the arrest of this defendant creating constitutional questions.

[Read more…]

Filed Under: Anonymous Tip, Illinois Gun Crimes, Reasonable Suspicion

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

Obstructing A Peace Officer Reversed Because Officer Had No Reasonable Suspicion To Detain

November 7, 2022 By Samuel Partida, Jr.

People v. Gallagher, 2020 IL App (1st) 150354 (November). Episode 834 (Duration 9:57)

1st District overrules obstructing conviction because of what they say is an unlawful arrest.

[Read more…]

Filed Under: Obstructing Justice, Reasonable Suspicion Tagged With: Unlawful Arrest

Can You Be Stopped And Arrested For Being An Illegal Alien?

July 1, 2020 By Samuel Partida, Jr.

People v. Montes, 2020 IL App (2d) 180565 (June). Episode 793 (Duration 14:30)

Can a person be stopped and arrested for being in the country illegally?

Read more

Filed Under: Consent To Search, Reasonable Suspicion

Defendant Wins This “Man With A Gun” Case After Court Applies The “No Pat Down” During Consensual Encounter Rule

January 15, 2020 By Samuel Partida, Jr.

People v. Flunder, 2019 IL App (1st) 171635 (December). Episode 727 (Duration 13:23)

A third “man with a gun” case but the defendant wins this one.

Read more

Filed Under: Pat Down, Reasonable Suspicion

In The Probable Cause Calculation Can Defendant’s Silence Be Considered A Factor Against Him?

January 14, 2020 By Samuel Partida, Jr.

People v. Spain, 2019 IL App (1st) 163184 (December). Episode 726 (Duration 15:45)

Yet another man with a gun case, this one is a much closer call but the win goes to the state (see also the strong dissent)

Read more

Filed Under: Illinois Gun Crimes, Reasonable Suspicion

Yet Another “Man With A Gun Case This One With A Strong Dissent

January 13, 2020 By Samuel Partida, Jr.

People v. Hood, 2019 IL App (1st) 162194 (December). Episode 725 (Duration 14:37)

Another well thought out “man with a gun” case, there’s a strong dissent, but officer safety is front and center.

Read more

Filed Under: Illinois Gun Crimes, Reasonable Suspicion

A One Inch By One Inch Plastic Baggie With A Zip Lock…What Can Police Do With That?

December 31, 2019 By Samuel Partida, Jr.

People v. Jordan, 2019 IL App (4th) 190223 (December). Episode 720 (Duration 9:23)

Officers approach a young man in a car and get the dog out to sniff, was that reasonable?

[Read more…]

Filed Under: Drug Dog, Reasonable Suspicion

The Tinted Window Statute Permits Up To 35% Light Transmittance On Side Windows

December 26, 2019 By Samuel Partida, Jr.

People v. Dunmire, 2019 IL App (4th) 190316 (December). Episode 717 (Duration 12:41)

This department has no way to test the tint on a window but that doesn’t stop officers from stopping cars with tinted windows.

[Read more…]

Filed Under: Reasonable Suspicion, Traffic Stop

Police Chase Some Men, See A Gun And Arrest Them – Is That Legal?

April 2, 2019 By Samuel Partida, Jr.

People v. Thomas, 2019 IL App (1st) 170474 (March). Episode 609 (Duration 11:51)

Police see a defendant hand a gun to another person and then try to run and hide. [Read more…]

Filed Under: Pat Down, Podcast, Probable Cause, Reasonable Suspicion

Improper Lane Usage And A Traffic Stop But The Lines Were Drawn Weird

February 18, 2019 By Samuel Partida, Jr.

People v. Bowden, 2019 IL App (3d) 170654 (February). Episode 591 (Duration 11:29)

Another example of evidence that was admitted to demonstrate the course of the police investigation. [Read more…]

Filed Under: Mistake of Law, Podcast, Reasonable Suspicion, Traffic Stop

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