Kane County Nuggets

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

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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. 

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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. 

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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

Investigative Alerts Are Unconstitutional Under Illinois Constitution

April 4, 2024 By Samuel Partida, Jr.

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…]

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

Drug Deal In The Yard Of A House Provided Nexus For Search of the House

February 7, 2024 By Samuel Partida, Jr.

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…]

Filed Under: Warrant, Warrant

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