Kane County Nuggets

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

  • Episodes
  • Contact
  • Home
  • Login

Improper Lane Usage Remains A Very Unambiguous Statute

February 23, 2023 By Samuel Partida, Jr.

People v. Rice, 2021 IL App (3d) 180549 (January). Episode 865 (Duration 8:16)

Driver changes lanes in the middle of an intersection, but that was not an improper use of lane violation.

[Read more…]

Filed Under: Mistake of Law, Traffic Stop

Steigmann Strong Smell Of Weed For Now Justifies A Full Car Search

February 21, 2023 By Samuel Partida, Jr.

People v. Rowell, 2021 IL App (4th) 180819 (January). Episode 864 (Duration 7:02)

Steigmann affirmatively reminds us that Stout is still good law and the strong odor of cannabis for now still justifies a full search, including containers, of a car.

[Read more…]

Filed Under: Probable Cause, Traffic Stop Tagged With: Car Search, Odor of Cannabis

Valid FOID Card Did Not Preclude UUW Conviction When Defendant Is Acting Fishy

December 4, 2022 By Samuel Partida, Jr.

People v. Edwards, 2020 IL App (1st) 182245 (December). Episode 843 (Duration 6:00)

This is a “man with a gun” case that the state wins guided primarily by officer safety concerns.

[Read more…]

Filed Under: Illinois Gun Crimes, Traffic Stop, UUW

Iowa Registration Sticker Gets This Guy Pulled Over And For Now Invasion of Privacy Not A Part of the Fourth Amendment Analysis

December 4, 2022 By Samuel Partida, Jr.

People v. Williams, 2020 IL App (3d) 180024 (December). Episode 842 (Duration 7:46)

The dissent wants to make the “invasion of privacy” part of the search and seizure analysis for Illinois drivers and residents.

[Read more…]

Filed Under: Traffic Stop

Passenger Not Free To Leave This Traffic Stop After The Driver Is Arrested

December 1, 2022 By Samuel Partida, Jr.

People v. Sutton, 2020 IL App (1st) 181616 (December). Episode 841 (Duration 6:05)

This car was stopped because the passenger did not have a seat belt on which meant the business of the traffic stop was not over until that issue was addressed.

[Read more…]

Filed Under: Traffic Stop Tagged With: Passenger

Open Alcohol In A Car Means The Glove Box Can Be Searched

November 22, 2022 By Samuel Partida, Jr.

People v. McGhee, 2020 IL App (3d) 180349 (December). Episode 840 (Duration 4:41)

Open alcohol in a car creates probable cause to search the car and arrest the occupants.

[Read more…]

Filed Under: Traffic Stop

Stopped, Released, and Stopped Again For Weaving Within A Single Lane of Traffic

October 25, 2022 By Samuel Partida, Jr.

People v. Anderson, 2020 IL App (2d) 190443 (October). Episode 828 (Duration 7:10)

Weaving within a lane of traffic may or may not be a valid reason for a stop; in this case the stop was sustained.

[Read more…]

Filed Under: Traffic Stop

Cherry Picking Evidence In A DUI Traffic Stop Is What You’re Supposed To Do

September 27, 2022 By Samuel Partida, Jr.

People v. Patel, 2020 IL App (4th) 190917 (September).  Episode 820 (Duration 9:37)

Trial court inappropriately grants the motion to suppress evidence in the DUI case.

[Read more…]

Filed Under: DUI, Traffic Stop

Crossing Lanes To Enter An Exit Ramp Is Not Illegal

September 12, 2022 By Samuel Partida, Jr.

People v. Kaczkowski, 2020 IL App (3d) 170764 (September). Episode 816 (Duration 5:01)

Traffic stop was based on signaling, crossing multiple lanes of travel, and then exiting the freeway.

[Read more…]

Filed Under: Mistake of Law, Traffic Stop

Falling Asleep Behind The Wheel Then Waking Up Still Gets You Stopped

July 22, 2022 By Samuel Partida, Jr.

People v. Shelton, 2020 IL App (2d) 170453-B (August). Episode 805 (Duration 6:55)

Report that a driver was asleep behind the wheel justified stopping the car for an investigatory stop.

[Read more…]

Filed Under: Anonymous Tip, DUI, Traffic Stop

Is Stopping Too Long At A Red Light Illegal?

July 22, 2022 By Samuel Partida, Jr.

People v. Araiza, 2020 IL App (3d) 170735 (August). Episode 804 (Duration 11:40)

Stopping too long at a light before turning is not a proper basis for a stop.

[Read more…]

Filed Under: DUI, Traffic Stop

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.

Read more

Filed Under: Probable Cause, Traffic Stop

  • 1
  • 2
  • 3
  • …
  • 6
  • Next Page »

Categories

  • Accountability
  • Aggravated Assault
  • Aggravated Battery
  • Appeal
  • Bail
  • Battery
  • Burglary
  • Case List
  • Case List
  • Charges
  • Conceal and Carry
  • Confession
    • Attenuation
    • Miranda
    • Voluntary
  • Conflict Of Interest
  • Constitutional
  • Contempt Of Court
  • Criminal Damage
  • Criminal Possession
  • Discovery
  • Dismissal
  • Disorderly Conduct
  • Double Jeopardy
  • DUI
    • Actual Physical Control
    • Blood
    • Breathalyzer
    • DRE
    • Field Sobriety Tests
    • Proximate Cause
    • Suspension
  • Evidence
    • 115-10
    • Accomplice Testimony
    • DNA
    • Expert
    • Eyewitness
    • Hearsay
    • Opinion
    • Other Crimes
    • Over Hear
    • Prior Consistent Statement
    • Prior Inconsistent Statement
    • Privilege
    • Surveillance Privilege
  • Expungement
  • Felony Murder
  • Fitness For Trial
  • Forfeiture
  • Grand Jury
  • Guilty Plea
  • Illinois Gun Crimes
    • Armed Violence
    • Reckless Discharge
    • UUW
  • Immigration
  • Indictment
  • Ineffective Assistance
    • Krankel Hearing
  • Judicial Bias
  • Jury Instructions
  • Jury Misconduct
  • Juvenile Justice
  • Leaving The Scene
  • Lesser-Included
  • Mental State
    • Knowing
    • Recklessness
    • Sexual Gratification
  • Mob Action
  • Notice Requirement
  • Obstructing Justice
  • Podcast
  • Police
  • Postconviction Petition
  • Procedure
  • Professional Responsibility
    • Conflict Of Interest
  • Prosecutorial Misconduct
  • Resisting Arrest
  • SCOTUS
  • Search & Seizure
    • Anonymous Tip
    • Community Care Taking
    • Consent To Search
    • Drug Dog
    • Exigent Circumstances
    • Good Faith Exception
    • Mistake of Law
    • Pat Down
    • Plain View
    • Probable Cause
    • Reasonable Suspicion
    • Search Incident To Arrest
    • Strip Search
    • Traffic Stop
    • Warrant
  • Second Degree Murder
  • Sentencing
    • Aggravation
    • Consecutive
    • Credit For Time Served
    • Dangerous Weapon
    • Enhancement
    • Extended Term
    • Fines & Fees
    • Forcible Felony
    • Gun Add-On
    • Life Sentence
    • Mandatory X
    • Merging Counts
    • Mitigation
    • Probation
    • Restitution
  • Sex Case
    • Child Porn
    • SORA
  • Speedy Trial
  • Statute of Limitations
  • Structural Error
  • Theft
  • Threatening A Public Official
  • Trial
    • Affirmative Defense
    • Batson
    • Closing Argument
    • Confrontation
    • Immunity
    • Impeachment
    • Insanity Defense
    • Necessity Defense
    • Opening Statement
    • Pretrial Publicity
    • Self Defense
    • Stipulation
  • Vehicular Hijacking
  • Warrant

Copyright © 2023 ● Disclaimer