February 2019 Speed Round (The Illinois Criminal Case Law Round Up)
Release Date: 03/02/2020
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...
info_outline 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...
info_outline Chicago Police Body Cam Discovery With Peter Lewis: What To Do When You Don't Get ItKane 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...
info_outline Illinois v. Caballes: The Police Drug Dog Sniffer CaseKane 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...
info_outline What To Do About Fatally Flawed Criminal Charges: Alan Downen InterviewKane 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_outlineThis is the February 2019 Illinois criminal case law audio round-up (the fast case law summary). Episode 598 (Duration 14:12)
The February 2019 Top Illinois Criminal Law Cases (The Monthly Round-Up)
Here’s a quick snapshot of the top cases:
Motions for DNA testing in old cases are distinct and separate civil hearings where counsel can come onboard for a limited purpose.
Eight Amendment ban on excessive fines and forfeitures extends to the states.
Inadmissibility of prior consistent statement trumps hearsay exceptions.
Another example of evidence that was admitted to demonstrate the course of the police investigation.
Looks like trial counsel did what they could with this ballistics expert.
6. In re K.M.
Police entered onto private property without a warrant to retrieve stolen property, the fallout is widespread.
Mistake of law case; Theus is under attack.
How not to ask about a school’s security.
Drugs are found upstairs when defendant was downstairs, is this still armed violence?
10. People v. Lee
Exactly what does the state have to prove in regards to possessing a gun with defaced serial number?
Defendant is allowed to explain why he missed his sentencing hearing even though the trial court technically has no jurisdiction.
Court must take into account the future ability to pay when assessing an appropriate felony fine.