Updates On Cannabis Law & Bail Reform With Jamie Mosser Candidate For Kane County State’s Attorney
Release Date: 07/31/2019
Scott’s Law In Illinois 625 ILCS 5/11-907(c)
Kane County Nuggets
Scott’s Law in Illinois is the requirement that drivers slow down and move over when police cars or other emergency vehicles are stopped on the roadway. Scott’s Law Basically Says… Scott’s law requires that a driver proceed cautiously when an emergency vehicle is stopped and Move over and change lanes and/or Slow down if changing lanes is impossible. The law imposes enhanced penalties, a possible driver license suspension, and even jail time for severe violations. 625 ILCS 5/11-907(c) The exact language of the section provides that: “(c) Upon approaching a stationary authorized...
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In 2020 Can Police Search Your Car If They Smell Marijuana?
Kane County Nuggets
After Illinois passed the Cannabis Regulation and Tax Act which became effective in 2020, can police still search a car when they smell cannabis? The Old “Smell Of Weed Rule” In Illinois Before Decriminalization Of 2020 The warrantless search of a car is authorized “where a trained and experienced police officer detects the odor of cannabis emanating from a defendant’s vehicle.” People v. Stout, 106 Ill.2d 77, 88 (1985) The question today, is if this rule survived the cannabis law change in 2020. In This Episode… “The officer would probably be better suited to try and find...
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Chicago Police Body Cam Discovery With Peter Lewis: What To Do When You Don't Get It
Kane County Nuggets
Episode 724 (Duration 33:57). Chicago defense attorney Peter Lewis explains what a litigant can do when their criminal discovery is missing the police body cam video. In This Case... The State's Attorney's position is if they didn't get it from the police then it doesn't exist. Attorney Peter Lewis Am I Entitled To Have The Police Body Cam In My Case? Yes. Generally, speaking a criminal defendant is going to be entitled to possess a copy of the police body cam or cams involved in his or her case. The interesting question is what to do when you don't get it. Attorney Peter Lewis Peter...
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Illinois v. Caballes: The Police Drug Dog Sniffer Case
Kane County Nuggets
. SCOTIS Notice (Duration 1:43) This is the SCOTUS case that set the framework for the use of drug dogs in the United States. [insert mp3 player] This opinion normalized the use of drug dogs by police departments during traffic stops. The case concluded that police don't need a warrant when they walk a drug dog around a car during a traffic stop. Issue Do police need a warrant to use a drug dog to sniff a car during a traffic stop? Facts Driver was stopped and ticketed for speeding. During the traffic stop, a canine unit appeared and a dog handler walked the dog around the car. The...
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What To Do About Fatally Flawed Criminal Charges: Alan Downen Interview
Kane County Nuggets
. Episode 686 (Duration 31:58) What's the best way to handle legally insufficient criminal charges? In this episode you get a feel for what it's like working in the criminal law. Subscribe: | | | | | Illinois attorney Alan Downen walks us through the detailed intricacies of just one issue in criminal litigation: In This Episode... "There's an old saying about losing your 'tall'. 'Tall' is your favorite marble." -- Alan Downen. Illinois Attorney Alan Downen Alan Downen has been a member of the Illinois bar since 1974. He's a solo practitioner concentrating...
info_outlineJamie Mosser, candidate for Kane County State's Attorney, stops by to provide an update on the new Illinois cannabis law and lets us know what's happening with bail reform in Illinois. Episode 658 (Duration 26:11).
In This Episode…
“What I want to do is take a strong office that we already have with some amazing people, and I just want to make it better.” — Jamie Mosser.
Attorney Jamie Mosser
Jaime Mosser is a former Kane County Assistant State’s Attorney. She’s now in private practice, and is a Democratic candidate for the head Kane County State’s Attorney.
Contact Information
Legal Office
Mosser & Eisenmenger Law, LLC
525 Tyler Rd Ste Q2
St. Charles, IL 60174
(630) 549-0364
https://www.mosserlawfirm.com/
Campaign Office
Mosser For Kane County
https://mosserforkanecounty.com/
“Can't Miss” Moments:
✓ Beginning January 1, 2020 Illinois will do away with all misdemeanor charges for possession of cannabis. However, there are some significant restrictions. (Go to 2:05) & (5:55)
✓ The law makes it quite clear there is still a certain amount you cannot exceed or you risk facing felony drug possession charges. There are exceptions for possession of cannabis for medical purposes. (Go to 2:50)
✓ The distinction between decriminalization and full blown legalization still matters. It's not accurate to say Illinois went full legalization. It's not legal across the board. (Go to 3:48)
✓ The truth about cannabis decriminalization is revealed when you consider the raw logic behind the law. Minor possession is not crime anymore. Selling the stuff is a different story. The law has a pretty strict licensing requirement. (Go to 4:19)
✓ How Illinois is going to make money from all this. (Go to 5:28)
✓ The list of things you still can't do with cannabis runs deeper than just a prohibition against selling it. Jump to this time stamp for a detailed description provided by Jamie on everything else you can't do with cannabis. (Go to 5:55)
✓ When police get a hint of the "smell of weed" that currently has significant legal ramifications for citizens. Jamie takes a stab and how things will change after the law takes effect...will things change? (Go to 7:58)
✓ Jamie asks: "What's going to happen with the DUI's?" Carol Stream Police Department is working with scientists to be the fist department in Illinois with this new type of machine. (Go to 9:33)
✓ Bail reform in Illinois is in effect and underway. How's it going? We are suppose to be emptying out the jail system. How's that going? (Go to 12:32)
✓ The 7-Day Rule was created to act as a stop-gap against oppressive pretrial detention. Here's how it works. (Go to 15:50)
Links & Resources
New Illinois Cannabis Law
- The law decriminalization cannabis is called the Cannabis Regulation and Tax Act (CRTA)
- See Also HB1438
- Story About Carol Stream Police Department New Cannabis Testing Machine
Bail Reform In Illinois
- Article 110 BAIL
- Meaning of Words and Phrases 725 ILCS 5/102-7.2
- Illinois bail reform law draws mixed reviews
- Bail law a good measure you don't want to use – by Burt Constable
See Also
You may also want to check out…
New Illinois Cannabis Law
- Episode 207 - The New Illinois Marijuana Law: A Ken Wang Debriefing (This is now the old law that was changed)
- Episode 251 - Jeffrey Hall On The Latest Developments And Problems With The Illinois Cannabis Decriminalization Law
- Episodesode 258 - Interview With Jeffrey Hall (A behind the scenes look at the legislative process including the good, the bad, and the ugly. )
- Episodesode 340 - The Magic Words That Instantly Allow An Officer To Search A Car Without A Warrant With Kim Bilbrey
- Episode 556 - Charles Schierer On The Best Reason To Change The “Smell Of Cannabis” Rule
- Episode 509 – Analysis of In re O.S. The Stench Of Weed Still Supports Probable Cause For A Full Vehicle Search
- Episode 015 – Police Car Search Legal in Illinois if They Smell Marijuana…Police Officer Describes A Faint Odor Of Marijuana
- Episode 276 - People v. Kavanaugh, 2016 IL App (3d) 150806 (December) (You Just Can’t Ignore The Stench Of Weed…And An Accident)
- Episode 050 - People v. Burns, 2015 IL App (4th) 140006 (January) (Police Dog Sniff of Apartment Door Is a No-No)
- Episode 630 - People v. Campbell, 2019 IL App (1st) 161640 (April) (Dropsy, Smells-Me, Front Seating, and Other Testilying Testimony Has To Be Weighed On It’s Own Merit)
- Episode 621 - People v. Brandt, 2019 IL App (4th) 180219 (April) (Police Can Rely On Their Own Cannabis Detectors Located On Their Face)
- Episode 623 - People v. Rice, 2019 IL App (3d) 170134 (April) (3 Districts All Have Said The Smell Of Weed Still Justifies A Car Search)
- Episode 584 – People v. Hill, 2019 IL App (4th) 180041 (January) (4th district says the same thing adding burnt or raw cannabis doesn’t matter that car is getting searched)