By Samuel Partida, Jr.
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…]By Samuel Partida, Jr.
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…]By Samuel Partida, Jr.
People v. Sneed, 2023 IL 127968 (June). Episode 918 (Duration 10:24)
The foregone conclusion test is applicable in the context of the compelled production of cell phone passcodes.
[Read more…]By Samuel Partida, Jr.
People v. Sneed, 2021 IL App (4th) 210180 (November). Episode 917 (Duration 14:15)
Requiring defendant to provide entry or the passcode to the phone does not compel him to provide testimony within the meaning of the fifth amendment.
[Read more…]By Samuel Partida, Jr.
People v. Duffie, 2021 IL App (1st) 171620 (September). Episode 909 (Duration 6:06)
Police did not have independent probable cause to search defendant’s pants as they were handing them to him to get dressed.
[Read more…]By Samuel Partida, Jr.
People v. Lance, 2021 IL App (1st) 181665 (April). Episode 891 (Duration 5:37)
The court upheld the validity of the search warrant that used a nick name and not a proper name based on independent basis to arrest the defendant.
[Read more…]By Samuel Partida, Jr.
People v. Schreiner, 2021 IL App (1st) 190191 (April). Episode 890 (Duration 8:29
Police follow a trail of debris right to Defendant’s home, then barge into the home when Defendant’s wife answers the door.
[Read more…]By Samuel Partida, Jr.
People v. Meakens, 2021 IL App (2d) 180991 (April). Episode 888 (Duration 5:11)
The delay in obtaining a search warrant for the defendant’s iPhone violated his fourth amendment right to be free from unreasonable searches and seizures.
[Read more…]By Samuel Partida, Jr.
People v. Kulpin, 2021 IL App (2d) 1800696 (February). Episode 875 (Duration 6:16)
Warrantless search into a home upheld based on valid concern for exigent circumstances involving the safety of a lady.
[Read more…]By Samuel Partida, Jr.
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…]