Kane County Nuggets

People v. Campbell, 2019 IL App (1st) 161640 (April). Episode 630 (Duration 11:07) Court is not insensitive to claims of “dropsy” testimony and “testilying.” Charges Campbell was charged with nine counts of aggravated unlawful use of a weapon (AUUW) (720 ILCS 5/24-1.6(a)(1), (a)(3)(C)) stemming from a traffic stop. He got one year in prison. Sees A Gun Due to a spade of recent shootings police were patrolling in unmarked convert vehicles. Police stopped in front and behind a double...

People v. Markham, 2019 IL App (3d) 180071 (April). Episode 626 (Duration 7:32) State says overdose immunity should not kick in since defendant was feeling good enough to ask for his wallet and keys. Gist This is a possession of heroin case. Facts The parties submitted the following stipulated facts for the court’s consideration: “1. A female companion and the defendant used heroin; 2. After going out into the kitchen and playing with her phone for a few minutes, the female companion...

People v. Kimble, 2019 IL 122830 (April). Episode 622 (Duration 9:42) Judge declared a mistrial kind of early, still double jeopardy was not implicated. Gist This was a sex abuse case. The lower appellate court prevented a new trial based on double jeopardy after the trial judge declared a mistrial. Deliberation The jury began deliberating at 10:50 a.m. About 2½ hours later, at their request, the jury returned to the courtroom to rewatch the videotaped interview of S.M. The...

People v. Rice, 2019 IL App (3d) 170134 (April). Episode 623 (Duration 7:36) A strong indication from the 3rd district on what the smell of weed means for a car search. Charges Defendant Jeremiah Paige Rice was charged with one count of unlawful possession of a controlled substance (720 ILCS 646/60(b)(4) (methamphetamine possession) and was given 11 years. Facts Illinois State Police stopped defendant headed west on Interstate 80 for traveling 75 miles per hour in a...

People v. Patel, 2019 IL App (2d) 170766 (March). State failed to produce discover for the SSS Hearing, they subsequently blew Trainor. Charges Defendant was charged with two counts of driving while under the influence of alcohol (625 ILCS 5/11-501(a)(1), (a)(2) (West 2016)), improper lane usage (id. § 11-709(a)), and speeding (id. § 11-601(b)). He was suspended. Files Petition Before his first appearance defendant petitioned to rescind the summary suspension of his driving privileges...

People v. Spicer, 2019 IL App (3d) 170814 (March). Episode 602 (Duration 11:56) Can the prosecution compel you to give up your phone password? Charges Defendant was arrested for unlawful possession of a controlled substance and later also charged with knowingly possessing cocaine with the intent to distribute. Drug Dog Alert Defendant was a passenger in a vehicle that was pulled over for a traffic stop. A drug dog alerted on the vehicle. The officers searched the vehicle, where they...

This is the March 2019 Illinois criminal case law audio round-up (the fast case law summary). The March 2019 Top Illinois Criminal Law Cases (The Monthly Round-Up) Here’s a quick snapshot of the top cases: 1. People v. Patel State failed to produce discover for the SSS Hearing, they subsequently blew Trainor. 2. People v. Caraballo Officer was not certified at the time of the breathalyzer, but he was substantially certified. 3. People v. Sanchez Defendant is arrested at his home...

People v. Mooney, 2019 IL App (3d) 150607 (March). Episode 599 (Duration 9:21) Agreeing to continuance was ineffective, outright reversal is the only remedy. Charge Defendant, Bryant K. Mooney Jr., appeals following his conviction for driving while license suspended. Issue He argues, inter alia, that defense counsel was ineffective for twice agreeing to the State’s motions for continuances on the day of trial, thus tolling the speedy trial clock. On appeal, defendant argues that...

People v. Holmes, 2019 IL App (1st) 160987 (March). Episode 601 (Duration 9:33) An essentially anonymous tip was treated as wholly unreliable resulting in an outright reversal of this gun conviction. Gist Police approach a man with a gun and pat him down. Facts A Chicago police officer received information from a sergeant, who received information from an unidentified Chicago Park District security guard, whose source of information was unknown, that a man in Brainerd Park had...

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 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 emergency vehicle, when the authorized emergency vehicle is giving a signal by displaying alternately flashing red, red and white, blue, or red and blue lights or amber or yellow warning lights, a person who drives an approaching vehicle shall: (1) proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least 4 lanes with not less than 2 lanes proceeding in the same direction as the approaching vehicle; or (2) if changing lanes would be impossible or unsafe, proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions and leaving a safe distance until safely past the stationary vehicles.” 625 ILCS 5/11-907(c). Scott’s Law Fines Maximum fines for a violation of Scott’s Law can be up to $10,000. The chart below outlines the minimum fine that is applicable: 625 ILCS 5/11-907(d). Suspension Of Drivers License Under Scott’s Law A violation of Scott’s Law is considered a moving violation in Illinois. That means the secretary of state will assign points against your driving record and a discretionary suspension under 625 ILCS 5/6-206 may be incurred. However, the chart below describes certain mandatory suspensions under Scott’s Law if there are aggravated circumstances: 625 ILCS 5/11-907(e), (f), (g). Jail Time For A Scott’s Law Violation An ordinary violation of Scott’s Law in Illinois is considered a business offense. That means it is punishable by fine only. However, Scott’s Law may classified as a crime and a person may face jail time under the conditions listed below: 625 ILCS 5/11-907(d) Class A Misdemeanor Class 4 Felony. Links & Resources Illinois Vehicle Code on Right-Of Ways Scott’s Law In Illinois Illinois Vehicle Code On Approaching Disabled Vehicles Illinois Vehicle Code On Construction Zones Attorney Peter Wachowski Discusses Defending Against A Scott’s Law Ticket Episode 751 (Duration 13:45) Illinois attorney Peter Wachowski explains some of the intricacies of defending against a charge under Scott’s Law. In This Episode… “That’s the speed limit! You’re suppose to slow down.” — Peter Wachowski Going to trial against a charge of violating Scott’s Law can get kind of tricky. In this episode an experienced trial attorney describes the process. Attorney Peter Wachowski Attorney Peter Wachowski has an active civil law practice focussing on Personal Injury, Worker’s Compensation and Civil Litigation. However, Peter also is highly experienced in DUI litigation and defense and represents clients in other criminal law matters. Contact Information 15 N. Northwest Hwy Park Ridge, IL 60068 peter@bellas-wachowski.com www.bellas-wachowski.com “Can’t Miss” Moments: ✓ The “move over” law says you must do one of two things or both when you see an emergency vehicle stopped on the roadway. Not doing these things can lead to pretty serious consequences. (Go to 2:15) ✓ Scott Gillen was a Chicago Fire Department Lieutenant who died in the line of duty two days before Christmas in 2000 when a drunk driver collided with vehicles assisting at a crash scene on the Dan Ryan Expressway. (Go to 3:29) ✓ “The official day of remembrance of him is December 23rd.” — Peter Wachowski (Go to 3:50) ✓ Peter learned some valuable lessons in defending against an allegation of violating Scott’s Law....

In re K.M., 2019 IL App (1st) 172322 (February). Episode 595 (Duration 13:05) Police entered onto private property without a warrant to retrieve stolen property, the fallout is widespread. Anonymous Call Sauk Village Police Department received an anonymous call on, around 12:18 p.m. from an individual who reported seeing people enter the residence at 22438 Yates Avenue, with items, particularly a television. The caller called multiple times during the investigation directing the police...

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 more information, more probable cause, to layer that probable cause.” — John “Jack” Duggan Attorney John Duggan Jack’s father is a retired Chicago Police Officer. Jack followed in his father’s footsteps and became a Police Officer for the Village of Oak Park. While working as a Police Officer, Jack decided to continue his studies and attended The John Marshall Law School. Jack focuses his practice in the areas of Real Estate, Family Law, Estate Planning, and selected criminal matters. Jack Duggan’s Contact Information 782 Busse Highway Park Ridge, IL 60068 john@johnmdugganlaw.com http://www.johnmdugganlaw.com/ Attorney Jeff Hall “I basically call it the ‘sniff and search’ statute.” — Jeff Hall “I basically call it the ‘sniff and search’ statute.” – Jeff Hall Jeffrey R. Hall has practiced law since 2004, concentrating in the area of Criminal Law, DUI, Traffic Law, Driver’s License & FOID Card Reinstatement’s. He began his legal career as an Assistant State’s Attorney in Tazewell County, IL. Jeff Hall helped draft SB228 (passed on July 29, 2016), the popular Cannabis Decriminalization Bill and was an integral part of the legislative process, changing Illinois law from a “Zero Tolerance” state for cannabis related DUIs, to a more reasonable law that focused more on impaired driving. Jeff Hall’s Contact Information 316 SW Washington Street, Suite 1A Peoria, IL 61602 jhall@hallrustomfritz.com http://www.centralillinoislawyers.com/ Links & Resources Cannabis Regulation and Tax Act Cannabis Control Act Illinois Vehicle Code The Sniff & Search Law – 625 ILCS 5/11-502.15 What The Illinois Cannabis Regulation And Tax Act Says About Lawful Limits? 410 ILCS 705/10-10. Possession Limit. “(a) Except if otherwise authorized by this Act, for a person who is 21 years of age or older and a resident of this State, the possession limit is as follows: (1) 30 grams of cannabis flower; (2) no more than 500 milligrams of THC contained in cannabis-infused product; (3) 5 grams of cannabis concentrate; and (4) for registered qualifying patients…” Strict Prohibition of Cannabis Possession For Those Under 21 410 ILCS 705/10-15. Persons under 21 years of age. “(b) Notwithstanding any other provisions of law authorizing the possession of medical cannabis, nothing in this Act authorizes a person who is under 21 years of age to possess cannabis. A person under 21 years of age with cannabis in his or her possession is guilty of a civil law violation as outlined in paragraph (a) of Section 4 of the Cannabis Control Act. (c) If the person under the age of 21 was in a motor vehicle at the time of the offense, the Secretary of State may suspend or revoke the driving privileges of any person for a violation of this Section under Section 6-206 of the Illinois Vehicle Code and the rules adopted under it.” Further Limitations And Prohibition Of Cannabis In Certain Places 410 ILCS 705/1-35. Limitations and penalties. “a) This Act does not permit any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging in, any of the following conduct… (2) possessing cannabis: (D) in a vehicle not open to the public unless the cannabis is in a reasonably secured sealed, container and reasonably inaccessible while the vehicle is moving; or… (3) using cannabis: (D) in any motor vehicle; (F)…in any public place;...

This 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: 1. People v. Gawlak Motions for DNA testing in old cases are distinct and separate civil hearings where counsel can come onboard for a limited purpose. 2. Timbs v. Indiana Eight Amendment ban on excessive fines and forfeitures extends to the...

People v. Monroy-Jaimes, 2019 IL App (2d) 160426 (January). Episode 586 (Duration 9:38) Interesting use of an informant, how much of it was legal? Confidential Informant Police had an individual who was in custody for having possessed drugs with the intent to deliver. This confidential informant identified a person named “Chilango,” who was later identified as the defendant, as someone who could provide cocaine. The First Phone Call At an officer’s direction, the informant placed a...

In Episode 738 (Duration 35:06) Illinois attorney Daniel Epstein sat down with the Criminal Nuggets Podcast and told us about his vision for the Illinois Supreme Court. In This Episode… “These rules people don’t think about very much actually have a real impact on our substantive rights and whether we find truth in our courts.” — Daniel A. Epstein How can the Illinois Supreme Court use its supervisory power to improve our criminal justice system? Daniel has some big ideas that could make...

People v. Hill, 2019 IL App (4th) 180041 (January). Episode 584 (Duration 16:08) Officer sees passenger riding low in the seat and he thinks it may be a guy wanted on warrant, turns out it wasn’t him. Gist Defendant was the driver of the car. The State charged him with unlawful possession of a substance containing less than 15 grams of cocaine. Riding Low In May 2017, around 10 a.m., Officer Robert Baker was parked in his squad car on west Route 36 near the 2200 block in Decatur when...

People v. Shoevlin, 2019 IL App (3d) 170258 (January). Episode 583 (Duration 11:04) Serious double jeopardy concerns are raised when the judge declares a mistrial in this domestic battery case. Gist In this trial for domestic battery the defendant is a women. She is accused of choking, scratching, and hitting her husband in the face with her keys. They got into an argument on who was getting the kids over the weekend. Closing Argument During closing argument counsel for the defense...

People v. Relwani, 2019 IL 123385 (January). Episode 582 (Duration 10:18) Defendant needed to say something about the private nature of the Walgreen’s parking lot. Here’s the lower court opinion. People v. Relwani, 2018 IL App (3d) 170201 (February). Episode 471 (Duration 7:01) Charges Defendant was charged with driving under the influence of alcohol (DUI) (625 ILCS 5/11-501(a)(2)). Found In His Car He was found alone in an altered or partially unconscious state behind the steering...

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. 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 Lewis has been an Illinois attorney since 2004. He currently has an extensive criminal law practice. He handles cases throughout Cook County and the collar counties. Contact Information 5508 West Lawrence Ave Chicago, IL 60630 773-853-0223 http://pwlewislaw.com/ Main Areas Of Law In Chicago what are the three main areas of law that govern the police use of body cameras? United States Department of Justice & Chicago Police Department Consent Decree Illinois Law Enforcement Officer-Worn Body Camera Act Chicago Police Department Special Order S03-14 on Body Worn Cameras What Does The Consent Decree Say About Body Cam? What does the Justice Department's Chicago Police Department Consent Decree say about the use of police body cams? On page 6 of the report it says, ...that the Justice Department supports the City’s decision to accelerate its plan to ensure that all CPD officers have body cameras. In the "Recommendations" section of the report, it says that CPD should "adopt use of force practices that minimize the use of fore." Subsection (i) states, Equip all patrol officers and supervisors, and officers who regularly interact with the public, including tactical officers, with body cameras, and develop a body camera policy delineating officers’ responsibilities regarding the consistent and appropriate use of body cameras and the retention and review of body camera footage. Important Details From The Illinois Body Cam Act ✓ The Illinois Law Enforcement Officer-Worn Body Camera Act does not require that police departments employ body cams. The act merely provides guideline for departments that wish to use them. The act also includes minimal feature and procedures that must be followed if a department chooses to use body cams. (Go to 4:04) ✓ "No officer may hinder or prohibit any person, not a law enforcement officer, from recording a law enforcement officer in the performance of his or her duties in a pubic place or when the officer has no reasonable expectation of privacy." 50 ILCS 706/10-20(11) ✓ Generally, body cam videos ARE NOT subject to FOIA requests unless you have been arrested, are a victim, or a witness. See 50 ILCS 706/10-20(b) Did You Know? ✓ As of right now every single Chicago Police Department patrol officer is suppose to be using a fully functioning and operable body cam device. (Go to 2:59) What You Need To Know About The Chicago Police Department Body Cam Special Order The policy says in clear unmistakable terms that, All sworn members and their immediate supervisors assigned to a Bureau of Patrol district normally assigned to field duties and any other member at the discretion of the district commander will be assigned and utilize a BWC. This is one of the most important things listed in Special Order S03-14, it's under the "Operational Procedures" section. (Go to 6:20) An attorney trying to hunt down body cam footage may want to know the following to help facilitate the search (Go to 10:08): ✓ CPD currently has 8,200 video cams issued to officers. This should be enough to cover the entire patrol division. (Go to 14:50) "Can't Miss" Moments: ✓ In video recordings you often see an officer stop and do this with his equipment right before he engages with a subject. (Go to 7:01) ✓ Body cam equipment involves more than a camera. The devices includes a camera...

Residential Burglary In Illinois In Illinois residential burglary is class 1 felony. The crime is defined by statute this way: A person commits residential burglary when he or she knowingly and without authority enters or knowingly and without authority remains within the dwelling place of another, or any part thereof, with the intent to commit therein a felony or theft. 720 ILCS 5/19-3(a). See also the Illinois Crimes Index. Illinois Residential Burglary Sentence Since the Illinois...