Kane County Nuggets

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

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Arizona v Gant What You Need To Know About This Landmark Car Search Decision

January 17, 2020 By Samuel Partida, Jr.

Part 1: Gant And The Aftermath

The Arizona v. Gant, 129 S.Ct. 1710, 556 U.S. 332 (2009) decision from the United States Supreme Court was an unmitigated disaster…for police.

[Read more…]

Filed Under: Traffic Stop

Can Police Search Your Car?

January 17, 2020 By Samuel Partida, Jr.

Can Police Search Your Car?

Police CANNOT SEARCH your car after a normal traffic stop, BUT if an officer establishes probable cause that your car contains contraband then they CAN SEARCH it even without a warrant.
[Read more…]

Filed Under: Traffic Stop

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

December 26, 2019 By Samuel Partida, Jr.

http://traffic.libsyn.com/criminalnuggets/717.mp3

Podcast: Play in new window | Download (7.3MB)

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

December 2, 2019 By Samuel Partida, Jr.

http://traffic.libsyn.com/criminalnuggets/707.mp3

Podcast: Play in new window | Download (4.4MB)

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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.

[Read more…]

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

What If The Gun Is In The Car But No People Are In The Car What Does That Mean?

November 27, 2019 By Samuel Partida, Jr.

http://traffic.libsyn.com/criminalnuggets/706.mp3

Podcast: Play in new window | Download (5.0MB)

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People v. Thomas, 2019 IL App (1st) 162791 (November). Episode 706 (Duration 8:41)

Officer sees a gun and arrests defendant, but defendant was not in the car. [Read more…]

Filed Under: Probable Cause, Traffic Stop, UUW

Gun In A Car Means What Exactly

November 26, 2019 By Samuel Partida, Jr.

http://traffic.libsyn.com/criminalnuggets/705.mp3

Podcast: Play in new window | Download (8.5MB)

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People v. Balark, 2019 IL App (1st) 171626 (November). Episode 705 (Duration 14:47)

Officer sees a gun and arrests defendant, was that premature or proper? [Read more…]

Filed Under: Probable Cause, Traffic Stop, UUW

Reasonable Suspicion Of A DUI Justifies A Detention To Determine If There Is Probable Cause For A DUI Arrest

October 16, 2019 By Samuel Partida, Jr.

http://traffic.libsyn.com/criminalnuggets/691.mp3

Podcast: Play in new window | Download (3.9MB)

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People v. Nicolosi, 2019 IL App (3d) 180642 (September). Episode 691 (Duration 6:50)

Trial judge grants the motion to suppress appellate court comes back and says there was PC for the DUI arrest. [Read more…]

Filed Under: Field Sobriety Tests, Traffic Stop

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