People v. Nash, 2024 IL App (4th) 221078 (November). Episode 1078 (Duration 13:08)
The warrant was not removed from the system due simply to a garden-variety clerical error.
[Read more…]Reasonable Expectation In ER Room Going To Be Tough To Demonstrate By Defendant
People v. Turner, 2024 IL 129208 (September). Episode 1068 (Duration 9:32)
Defendant did not meet his burden of establishing that he had a reasonable expectation of privacy in the trauma room in the hospital’s emergency department.
[Read more…]Frank’s Hearing Justified To Explain Why These Officers Did Not Know The Witness Had A Marijuana License
People v. Heibenthal, 2024 IL App (4th) 221109 (February). Episode 1029 (Duration 8:34)
Defendant argued it is unfathomable that two seasoned police officers who work for the State of Illinois, could not discern that a witness in deed had a a valid Medical Cannabis License.
[Read more…]Investigative Alerts Are Constitutional Says This Panel In The First District
People v. Streater, 2023 IL App (1st) 220640 (November). Episode 1015 (Duration 4:07)
We choose to follow the well-reasoned decision in Braswell, and those cases following it, and agree that, where probable cause exists, a warrantless public arrest based on an investigative alert or an instruction to arrest from the investigating officer is constitutional, so long as it is supported by probable cause.
[Read more…]Staleness Of A Search Warrant For Child Porn Should Never Be A Problem
People v. Parlier, 2023 IL App (4th) 220091 (February). Episode 981 (Duration 17:07)
People with an interest in child pornography tend to hoard their materials and retain them for a long time.
[Read more…]Is There Really An Expectation Of Privacy In A Hospital Emergency Room?
People v. Turner, 2022 IL App (5th) 190329 (October). Episode 964 (Duration 8:14)
Defendant here had no possessory interest in the ER, and there is no evidence that defendant had the ability to exclude others.
[Read more…]Investigative Alerts Are Unconstitutional Under Illinois Constitution
People v. Smith, 2022 IL App (1st) 190691 (July). Episode 955 (Duration 7:53)
Defendant’s warrantless arrest was improper, as it was premised solely on an investigative alert issued six months earlier.
[Read more…]Drug Deal In The Yard Of A House Provided Nexus For Search of the House
People v. Aquisto, 2022 IL App (4th) 200081 (February). Episode 929 (Duration 5:02)
If a defendant sells drugs in the backyard of a house known to be the defendant’s residence, a person of reasonable caution would infer that the defendant probably is using the house as a base for ongoing drug trafficking.
[Read more…]Jury Should Have Seen The Warrant Says Cook County Appellate Court
People v. Hudson, 2023 IL App (1st) 192519 (January). Episode 925 (Duration 10:19)
The trial court’s decision to exclude course-of-investigation testimony as “hearsay” was legal error and the jury should have been given the search warrant.
[Read more…]Search Warrant For Drugs Leads To Discovery of Gun But Is That A Crime?
People v. Serrato, 2023 IL App (2d) 220100 (January). Episode 924 (Duration 4:39)
When the agents seized the gun, they had probable cause to believe that it was evidence of a crime—unlawful possession of a weapon by a felon.
[Read more…]