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During A Surveillance Privilege Argument Exactly Who Gets To Go Back There For The In Camera Inspection

December 27, 2017 By Arthur McGibbons

People v. Jackson, 2017 IL App (1st) 151779 (November). Episode 432 (Duration 10:24)

During an in camera inspection on the surveillance privilege the trial judge must not allow the state attorney to participate, must elicit the exact location from the officer, and conclude with giving the defense a chance to rebut. [Read more…]

Filed Under: Surveillance Privilege

The Correct Surveillance Privilege Protocol May Depend On When The Issue Comes Up

December 26, 2017 By Arthur McGibbons

People v. Palmer, 2017 IL App (1st) 151253 (November). Episode 431 (Duration 14:46)

This officer was hiding on his knees in some bushes; he thought his exact location needed to stay secret.

[Read more…]

Filed Under: Surveillance Privilege

Minor Not Allowed To Cross On The Officer’s Surveillance Location

February 8, 2017 By Arthur McGibbons

In re Manuel M., 2017 IL App (1st) 162381 (January). Episode 292 (Duration 8:55)

Accused minor was not allowed to cross the officer on the location he said he made his observations. [Read more…]

Filed Under: Discovery, Surveillance Privilege

Defendant Had A Right To Know The Surveillance Location From Where Police Made Their Observations

February 8, 2017 By Arthur McGibbons

People v. Flournoy, 2016 IL App (1st) 142356 (November). Episode 259 (Duration 11:44)

Abuse of discretion to apply the surveillance location privilege in this case. [Read more…]

Filed Under: Discovery, Surveillance Privilege

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