Birchfield v. North Dakota, SCOTUS No. 14–1468. Argued April 20, 2016—Decided June 23, 2016. Episode 186 (Duration 8:34). May the State criminalize the failure to comply with implied consent laws? Implied Consent Still Alive and Well, Forced Blood Draws Still Require a Warrant. Holding Because breath tests are significantly less intrusive than blood tests and in […]
People v. Lampert, 2019 IL App (5th) 180248 (May). Episode 640 (Duration 16:08) Defendant crashes on the bridge from Illinois to Kentucky fun jurisdictional SNAFU ensues. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Gist Kentucky police handled an Illinois DUI. The Illinois – Kentucky Border In Illinois v. […]
People v. Clifton, 2019 IL App (1st) 151967 (April). Episode 632 (Duration 8:20) Unduly suggestive ID, you make the call photos provided here. ** This opinion has photos. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Charges & Sentence Defendant was found guilty of armed robbery and sentenced to 35 […]
People v. Bailey, 2019 IL App (3d) 180396 (May). Episode 631 (Duration 15:01) Food in your beard is not particularly indicative of anything. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Charges The State charged defendant with two counts of DUI (625 ILCS 5/11-501(a)(1), (a)(2)), as well as other traffic […]
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.” Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Charges Campbell was charged with nine counts of aggravated unlawful use of a weapon (AUUW) (720 ILCS 5/24-1.6(a)(1), […]
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 […]
People v. Brandt, 2019 IL App (4th) 180219 (April). Episode 621 (Duration 17:08) Police use their own sense of smell to go get a warrant for a house. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Charges Defendant was charged by information with unlawful possession with intent to deliver […]
People v. Patel, 2019 IL App (2d) 170766 (March). Episode 603 (Duration 19:01) State failed to produce discover for the SSS Hearing, they subsequently blew Trainor. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Charges Defendant was charged with two counts of driving while under the influence of alcohol […]
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? Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Charges Defendant was arrested for unlawful possession of a controlled substance and later also charged with knowingly […]
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 […]
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 […]
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. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Anonymous Call Sauk Village Police Department received an anonymous call on, around […]
People v. Day, 2019 IL App (4th) 160217 (January). Episode 588 (Duration 16:46) He wasn’t behind the wheel but state still proved he was driving. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD See also the subsequent opinion: People v. Day, 2019 IL App (4th) 160217-B (September). Issue According to […]
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 […]
People v. Hill, 2019 IL App (4th) 180041 (January). Episode 584 (Duration 16:08) Officer sees passenger riding low in the seat and thinks it may be a guy wanted on warrant, turns out it wasn’t him. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Issue Defendant filed a motion […]
People v. Relwani, 2019 IL 123385 (January). Episode 582 (Duration 10:18) You Can’t Be Suspended On Private Property: How To Prove A Private Property Recession of Suspension. Here’s the lower court opinion. People v. Relwani, 2018 IL App (3d) 170201 (February). Episode 471 (Duration 7:01) Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID […]
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. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Attorney Peter Lewis Peter Lewis has been an Illinois attorney since 2004. He currently […]
Kane County Sheriff Ron Hain has instituted a series of new inmate programs. Episode 667 (Duration 34:37) The Kane County Jail’s new Diversion Program is making every effort to leave detainees better off than when they came into the jail. In This Episode… “‘Go and get that bad guy’ is actually a bad way to […]
Mitchell v. Wisconsin, SCOTUS No. 18–6210, Decided June 27, 2019. Episode 647 (Duration 22:02) (Police can draw blood from unconscious DUI suspect.) Mitchell v. Wisconsin Says Warrantless Blood Draw By Police Is Legal In Some Circumstances Unconscious drivers plus natural BAC dissipation create an exigent circumstance for a blood draw. Unconscious Driver Pose An Elevated Risk The court […]
Episode 643 (Duration 31:51) Illinois attorney Gary True explains the risk involved for anyone who reveals their gun in public. Licensed and unlicensed gun carriers have something to worry about. In This Episode… “A law abiding person that exposes his gun too much, what ever too much is, is subject to being charged and subject to being […]