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What Is A “John Doe” Warrant? Can You Have A Franks Hearing With One?

January 1, 2016 By Samuel Partida, Jr.

http://traffic.libsyn.com/criminalnuggets/134.mp3

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People v. Chambers, 2016 IL 117911 (January). Episode 134 (Duration 8:58)

Defendant should have been granted a Franks Hearing, People v. Gorosteata, 374 Ill. App. 3d 203 (2007) is overruled. [Read more…]

Filed Under: Police, Warrant

Anticipatory Search Warrant Authorizes Police To Search After A Condition Precedent Takes Place

June 24, 2015 By Samuel Partida, Jr.

http://traffic.libsyn.com/criminalnuggets/078.mp3

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See People v. Harris, 2015 IL App (1st) 132162 (June). Episode 078 (Duration 20:49)

What is an anticipatory search warrant? How did the cops mess this one up? Specifically, we ask whether the police had to wait for the package to be opened before arresting defendant. [Read more…]

Filed Under: Police, Warrant

How Do Police Enter A Home Without A Warrant? What is a Knock and Talk?

September 25, 2014 By Samuel Partida, Jr.

In Episode 014, I discuss the case of People v. Kofron. 

A knock and talk is a police tactic. The goal is to conduct a warrantless search of a home by walking up to the residence, engaging in conversation with the resident, ending in consent for the police to enter and search. [Read more…]

Filed Under: Podcast, Warrant

Supreme Court Says Police Need a Warrant For A Cell Phone Search After An Arrest

January 28, 2014 By Samuel Partida, Jr.

The Supreme Court of the United States changes the rules of a search incident to arrest by requiring a warrant before the police can conduct a cell phone search after an arrest. The rule is loud and clear and should be unmistakable to police. “Get a warrant,” if you want to search the contents of a cell phone! [Read more…]

Filed Under: SCOTUS, Warrant

What Is A No Knock Search Warrant?

January 9, 2014 By Samuel Partida, Jr.

In this podcast episode, I discuss the no knock warrant. Is it logical? Does it make sense? Why do we have it? Listen in, to discover the answers to all these questions. But first… [Read more…]

Filed Under: Warrant

The Anticipatory Warrant: A Search Warrant That Tells the Future

January 2, 2014 By Samuel Partida, Jr.

http://traffic.libsyn.com/criminalnuggets/078.mp3

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An anticipatory warrant is a warrant to search a place or thing in the future after certain documented conditions are observed. [Read more…]

Filed Under: Police, Warrant

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