Home of the Criminal Nuggets Podcast.
By Arthur McGibbons
Mitchell v. Wisconsin, SCOTUS No. 18–6210, Decided June 27, 2019. Episode 647 (Duration 22:02) (Categorical Rule Allows Warrantless Blood Draws From Unconscious Drivers)
Unconscious drivers plus natural BAC dissipation create an exigent circumstance for a blood draw.
[Read more…]By Arthur McGibbons
Birchfield v. North Dakota, SCOTUS No. 14–1468. Argued April 20, 2016—Decided June 23, 2016. Episode 186 (Duration 8:34).
May the State criminalize the failure to comply with implied consent laws? Implied Consent Still Alive and Well, Forced Blood Draws Still Require a Warrant. [Read more…]
By Arthur McGibbons
People v. Lampert, 2019 IL App (5th) 180248 (May). Episode 640 (Duration 16:08)
Defendant crashes on the bridge from Illinois to Kentucky fun jurisdictional SNAFU ensues.
[Read more…]By Arthur McGibbons
People v. Bailey, 2019 IL App (3d) 180396 (May). Episode 631 (Duration 15:01)
Food in your beard is not particularly indicative of anything.
[Read more…]By Arthur McGibbons
People v. Patel, 2019 IL App (2d) 170766 (March). Episode 603 (Duration 19:01)
State failed to produce discover for the SSS Hearing, they subsequently blew Trainor.
[Read more…]By Arthur McGibbons
In Illinois a reckless homicide is an unintentional killing involving a vehicle. It results when a person acts recklessly such that their conduct with a vehicle leads to the death of another individual.
[Read more…]By Arthur McGibbons
Section 11-502 of the Illinois Vehicle Code states that
no driver may transport, carry, possess or have any alcoholic liquor within the passenger area of any motor vehicle upon a highway in this State except in the original container and with the seal unbroken.”
625 ILCS 5/11-502(a).