People v. Garcia, 2021 IL App (1st) 190026 (December). Episode 856 (Duration 7:19)
An EHM agreement usually requires a defendant to agree to allow warrantless searches of his home, these agreements will be accepted by the courts.
[Read more…]Search Warrant For A Phone Requires A Nexus To The Crime Which Will Always Include Location Data
People v. Reyes, 2020 IL App (2d) 170379 (November). Episode 836 (Duration 13:14)
In execution of a search warrant general search for GPS data and plain view doctrine allow police to do a more general search of a phone.
[Read more…]In A Franks Hearing The Falsity Of The Inaccuracy Matters
People v. Williams, 2020 IL App (1st) 190418 (July). Episode 801 (Duration 8:02)
Error for the trial court to suppress evidence based on a Frank’s Hearing that showed the apartment had 5 bedrooms and not 4.
[Read more…]Parolees Have A Reduced Expectation Of Privacy But How Low Does It Go?
People v. Johnson, 2020 IL App (1st) 172987 (May). Episode 783 (Duration 7:40)
Parolees have less constitutional protection when it comes to a search of their home.
Read moreJudge Fails To Conduct A Frank’s Hearing When The Circumstances Required It
People v. Ortega, 2020 IL App (1st) 162516 (April). Episode 768 (Duration 9:25)
Defendants paid a bailer to transport a car from CA to IL, when the driver found a funny package in the car he called police.
Read moreNo Evidence Of A Large Scale Drug Operation Invalidate This Search Warrant
People v. Jones, 2020 IL App (3d) 170674 (April). Episode 765 (Duration 15:51)
Two controlled buys done outside the home and police got a search warrant for inside the home. Was that enough for a warrant?
Read moreIf You Can Get Arrested Without A Warrant Then Banning Investigative Alerts Is Kind Of Stupid
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.
Read moreAfter An Acquittal There Is An Obligation For Police And Prosecution To Return Defendant’s Property
People v. McCavitt, 2019 IL App (3d) 170830 (November). Episode 716 (Duration 9:52)
Defendant was acquitted of criminal sexual assault but they didn’t look at the computer to carefully, state did not have the right to reexamine the computer year’s later.
[Read more…]Search Warrant Nexus Between House And Drugs Established
People v. Teague, 2019 IL App (3d) 170017 (October). Episode 700 (Duration 11:08)
Police get a search warrant for his house based on one control buy that did not occur at his house. [Read more…]
Community Caretaking Function Justifies A Warrantless Entry Into A Home
People v. Wood, 2019 IL App (5th) 180336 (September). Episode 677 (Duration 14:49)
Community caretaking function justifies a warrantless entry into a home. [Read more…]
General Search Warrant For One’s Person Includes A Strip Search
People v. Jarvis, 2016 IL App (2d) 141231 (February). Episode 146 (Duration 4:33)
The visual examination of defendant’s buttocks might have exposed defendant’s anus. However, there was no visual inspection of the interior of defendant’s anus, let alone any physical intrusion.
[Read more…]What Is A “John Doe” Warrant? Can You Have A Franks Hearing With One?
People v. Chambers, 2016 IL 117911 (January). Episode 134 (Duration 8:58)
Defendant should have been granted a Franks Hearing, People v. Gorosteata, 374 Ill. App. 3d 203 (2007) is overruled.
[Read more…]