Kane County Nuggets

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

  • Episodes
  • Contact
  • Home
  • Login

Privacy Interest In A Gun Is Lost Once You Get In Line At Great America

October 20, 2025 By Samuel Partida, Jr.

People v. Long, 2025 IL App (2d) 240237 (August). Episode 1123 (Duration 11:31)

Once that X-ray scan revealed a gun, which defendant acknowledged he was not authorized to have, he lost all possessory interest in that gun as well as the ammunition therein.

[Read more…]

Filed Under: Consent To Search, Gun Crimes, Plain View, Warrant

Search Warrant For A Phone Should Has One Limit

September 15, 2025 By Samuel Partida, Jr.

People v. Terrell, 2025 IL App (3d) 240567 (August). Episode 1122 (Duration 14:09)

The partial invalidity of the search warrant for defendant’s phone records related to other shootings does not require that the entire search warrant be quashed.

[Read more…]

Filed Under: Warrant Tagged With: Cell Phone

Parole Search Does Not Require That You Have A Copy Of The Parolee’s Release Agreement

May 14, 2025 By Samuel Partida, Jr.

People v. Pyles, 2025 IL App (4th) 240220 (April). Episode 1108 (Duration 6:28)

An officer’s knowledge that the defendant was on MSR in and of itself renders a suspicionless search reasonable.

[Read more…]

Filed Under: Consent To Search, Warrant Tagged With: Parole Search

Investigative Alerts Are Legal Says The Illinois Supreme Court 

January 8, 2025 By Samuel Partida, Jr.

People v. Clark, 2024 IL 127838 (December). Episode 1087 (Duration 11:37)

Bass and Smith erred in holding that arrests pursuant to investigative alerts automatically violate the Illinois Constitution.

[Read more…]

Filed Under: Warrant Tagged With: Collective Knowledge, Illinois Supreme Court, Investigative Alert

Warrant Not Removed From LEADS Does Not Warrant Application Of Exclusionary Rule

December 6, 2024 By Samuel Partida, Jr.

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…]

Filed Under: Attenuation, Closing Argument, Good Faith Exception, Prosecutorial Misconduct, Traffic Stop, Warrant Tagged With: Traffic Stop

Reasonable Expectation In ER Room Going To Be Tough To Demonstrate By Defendant

November 5, 2024 By Samuel Partida, Jr.

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…]

Filed Under: Plain View, Warrant

Frank’s Hearing Justified To Explain Why These Officers Did Not Know The Witness Had A Marijuana License

August 6, 2024 By Samuel Partida, Jr.

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…]

Filed Under: Warrant

Investigative Alerts Are Constitutional Says This Panel In The First District

July 8, 2024 By Samuel Partida, Jr.

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…]

Filed Under: Probable Cause, Traffic Stop, Warrant Tagged With: Investigative Alert

Staleness Of A Search Warrant For Child Porn Should Never Be A Problem

May 10, 2024 By Samuel Partida, Jr.

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…]

Filed Under: Sex Case, Warrant

Is There Really An Expectation Of Privacy In A Hospital Emergency Room?

April 16, 2024 By Samuel Partida, Jr.

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…]

Filed Under: Plain View, Warrant

  • 1
  • 2
  • 3
  • 4
  • Next Page »

Categories

  • Accountability
  • Aggravated Battery
  • Appeal
  • Bail
  • Battery
  • Burglary
  • Charges
  • Confession
    • Attenuation
    • Miranda
    • Voluntary
  • Conflict Of Interest
  • Constitutional
  • Contempt Of Court
  • Criminal Possession
  • Discovery
  • Dismissal
  • Disorderly Conduct
  • Double Jeopardy
  • DUI
    • Actual Physical Control
    • Blood
    • DRE
    • Field Sobriety Tests
    • Proximate Cause
    • Suspension
  • Evidence
    • 115-10
    • Accomplice Testimony
    • DNA
    • Expert
    • Eyewitness
    • Hearsay
    • Opinion
    • Other Crimes
    • Over Hear
    • Prior Consistent Statement
    • Privilege
    • Silent Witness
    • Surveillance Privilege
  • Expungement
  • Felony Murder
  • Fitness For Trial
  • Grand Jury
  • Guilty Plea
  • Gun Crimes
    • Armed Habitual Criminal
    • Armed Violence
    • Reckless Discharge
    • UUW
  • Illinois Supreme Court
  • Immigration
  • Indictment
  • Ineffective Assistance
    • Krankel Hearing
  • Joinder
  • Judicial Bias
  • Jury Instructions
  • Juvenile Justice
  • Lesser-Included
  • Mental State
    • Knowing
    • Recklessness
    • Sexual Gratification
  • Notice Requirement
  • Obstructing Justice
  • Postconviction Petition
  • Pre-Trial Detention
  • 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
    • Grooming
    • SORA
  • Speedy Trial
  • Statute of Limitations
  • Structural Error
  • Threatening A Public Official
  • Trial
    • Affirmative Defense
    • Batson
    • Closing Argument
    • Confrontation
    • Immunity
    • Impeachment
    • Insanity Defense
    • Jury
    • Necessity Defense
    • Opening Statement
    • Pretrial Publicity
    • Self Defense
    • Stipulation
  • Vehicular Hijacking
  • Warrant

Tags

Car Search Cell Phone Collective Knowledge constructive possession Corpus Delicti Cumulative Error Defaced Firearm Domestic Violence Drug Induced Homicide Drugs Enhancement Entrapment Excited Utterance Expert Force Forfeiture by Wrongdoing Gang Evidence Gun Add-On Identity Theft Illinois Supreme Court Inventory Search Investigative Alert Jury Instructions Nonconsensual Dissemination Odor of Cannabis One Act-One Crime Parole Search Passenger Polling Jury Probable Cause Public Trial Retrograde Extrapolation Single Punch Social Media SOJ Stipulated Bench Trial Structural Error Subpoena Sufficiency of the Evidence Traffic Stop Trespass Vehicular Invasion Video Voluntary Intoxication Warrant

Copyright © 2025 ● Disclaimer