Search and seizure law dark side revealed. Episode 025 of the Criminal Nuggets Podcast highlights an example of a case with a less than completely honest deputy. Very important facts were withheld from the defense, the judge, and the prosecution. [Read more…]
Police car search legal in Illinois is what the case law tells us. One does not have to search too far to find a case saying this. In podcast Episode 015 of the Criminal Nuggets Podcast, I discuss a case where a 7 year drug conviction was reversed, even though the officer said he smelled marijuana. [Read more…]
This unreasonable search and seizure traffic stops ends in court where the judge has to remind the police that “lying under oath is never an option.” ¶ 26. The prosecution insists they did not know what the cops were up to. [Read more…]
This illegal traffic stop lead to a drug conviction and 7 years in prison. Luckily for Defendant, the appellate court reversed the conviction and set him free, due to an undue delay by the police. The officer's testimony that he could smell weed did not save the day for the prosecution. [Read more…]
People will forever try to avoid DUI checkpoints legally. An Illinois criminal court decision suggests that is theoretically possible? But is it practically possible? [Read more…]
Defendant should not have been stopped because of a U-turn to avoid a traffic safety checkpoint. Defendant's driving while license suspended conviction and 90 days in jail is reversed.