People v. Gutierrez, 2016 IL App (3d) 130619 (December). Episode 274 (Duration 12:33)

Appellate court disagrees with trial court; defendant was arrested before he was transported to Kendall County thus the case is remanded for an attenuation hearing to see if the confession is out.

Gist of The Case

In this murder trial, defendant argued he was arrested in his home at approximately 5:20 a.m., without a warrant or without probable cause.

He argued for the suppression of his statements made while in police custody following his arrest.

<< See Part I To Learn The Facts

See Also…

• Other Illinois Confession Cases
• Episode 250 Police Tell A Little Lie To Encourage Signing The Consent To Search
• Episode 252 Handcuffing During This Traffic Stop Justified (It Was Really A Drug Investigation)
• Episode 199 Recorded Interrogation Justifies Holding Defendant More Than 98 Hours Before Seeing a Judge
• Episode 158 Taint From A Bad Confession Still Stunk Up The Place
• Episode 030 Right to Remain Silent: “No” Means “No” But This is Not a Rape Case
• Episode 185 Sotomayor Told A Big Fat Lie (SCOTUS Extends Attenuation Doctrine)
• Episode 075 The Exclusionary Rule and The Good Faith Exception