Kane County Nuggets

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

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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

Woo-Woo: This Is A Good Search Warrant Even Though It Uses A Nick-Name To Identify Person To Be Searched

December 15, 2023 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…]

Filed Under: Warrant, Warrant

Police Have To Be Reminded To Go Get A Warrant Before They Draw Dude’s Blood

January 1, 2019 By Samuel Partida, Jr.

People v. Pratt, 2018 IL App (5th) 170427 (December). Episode 574 (Duration 6:41)

Warrantless blood draw after an accident deemed unconstitutional blood results excluded.

[Read more…]

Filed Under: Blood, Warrant

In This Search Warrant Application The Nexus To Defendant’s House Was Bare-Bones & Lacking

December 31, 2018 By Samuel Partida, Jr.

People v. Manzo, 2018 IL 122761 (December). Episode 573 (Duration 10:14)

This one will be controversial: Illinois Supreme Court holds their was no nexus to the house justifying the search warrant.

[Read more…]

Filed Under: Warrant

Nurse Acting In Behalf Of The Police Became A State Actor And They Needed To Go Get A Warrant

May 28, 2018 By Samuel Partida, Jr.

People v. Gill, 2018 IL App (3d) 150594 (April). Episode 491 (Duration 5:33)

Police had a nurse confiscate defendant’s clothes for them.

[Read more…]

Filed Under: Exigent Circumstances, Warrant

This Hot Pursuit Of A Disorderly Conduct Suspect Didn’t Justify The Warrantless Entry Into The Trailer

May 22, 2018 By Samuel Partida, Jr.

People v. Smock, 2018 IL App (5th) 140449 (April). Episode 489 (Duration 7:09)

Defendant is getting arrested for disorderly conduct when recedes further into his house to prevent arrest, police follow him in and arrest him.

[Read more…]

Filed Under: Warrant

Big Problem In Lake County When State’s Attorney Didn’t Sign The Overhear Applications

May 15, 2018 By Samuel Partida, Jr.

People v. Allard, 2018 IL App (2d) 160927 (February). Episode 486 (Duration 9:35)

Lake County State Attorney didn’t sign the applications for the recorded phone calls so they are invalid.

[Read more…]

Filed Under: Over Hear, Warrant

Police Use The Wrong Kind Of Warrant In A Murder Investigation

April 16, 2018 By Samuel Partida, Jr.

People v. Boose, 2018 IL App (2d) 170016 (March). Episode 476 (Duration 11:08)

Sloppy drafting of a warrant means all the murder evidence is out.

[Read more…]

Filed Under: Warrant

Wrong Address Put On The Search Warrant

January 23, 2018 By Samuel Partida, Jr.

People v. Ross, 2017 IL App (4th) 170121 (December). Episode 444 (Duration 9:50)

Police put the wrong address on the search warrant. Now what happens?

[Read more…]

Filed Under: Warrant

Bare Bones Affidavit Allegedly Does Not Establish A Nexus To The House Searched

November 29, 2017 By Samuel Partida, Jr.

People v. Manzo, 2017 IL App (3d) 150264 (October). Episode 421 (Duration 7:17)

In this search warrant application bones affidavit nonetheless establishes a nexus to defendant’s house.

[Read more…]

Filed Under: Warrant

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