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Category: Warrant

Warrants in Illinois

Most people are quite familiar with the word “warrant.”  We can see the drama play out on popular TV shows when the police hastily get a judge to issue one so that the proverbial bad guy can be caught.  This fictional characterization of criminal law doesn’t really tell us what a warrant really is and (Read More)

NY Police Stop and Frisk Methods: Unconstitutional

What is Stop and Frisk? Of late, there has been much discussion revolving around NY Mayor Michael Bloomberg’s stop and frisk policy.  What is stop and frisk?  Stop and frisk involves a brief, non-intrusive, police stop of a suspect.  The Fourth Amendment requires that the police have a reasonable suspicion that a crime has been, is being, or is (Read More)

Wrongful Police Interrogation

Most people ask themselves, “If he didn’t do it, then why did he say he did?”  Before I went to law school, I had the same sentiment.  However, that changed when I was confronted with an overwhelming amount of cases where people confessed to a murder they did not commit and were later found innocent by way (Read More)

Stop and Frisk and Racial Profiling

The killing of Trayvon Martin and the acquittal of George Zimmerman exposed a raw nerve left after years of continued prejudice, racial profiling and inequality in criminal justice system.  Racial bias has no place in the courtroom, but, through unchecked police tactics like stop and frisk, it still manages to permeate throughout our system of justice. They are called (Read More)

Police Deceit Works Again in Illinois

Facts Isaac Jaimes was on trial Wednesday, July 24, for 1st degree murder in Winnebago County.  Isaac is the brother of known Latin King gang member Ricardo Jaimes.  Police detectives elicited a confession from Isaac when he was questioned in relation to the May 2010 killing of sixteen-year-old DeMarkis Robinson.  Mr. Robinson was shot to death with a (Read More)

Search Incident to Arrest in Illinois

We have all been pulled over by the police whether it be for speeding, rolling a stop sign, or a blown out taillight.  Some of us may also have been questioned following this traffic stop and some of us may have been asked to consent to a search of the vehicle after questioning.  If you (Read More)

Are Suspicionless Searches Allowed in Illinois?

Typically, Fourth Amendment jurisprudence requires probable cause in order for a search or seizure to be valid.  There are circumstances where the Fourth Amendment isn’t triggered and suspicionless searches or searches based on reasonable suspicion are allowed. This is a special category of searches or seizures when a perceived need, beyond the normal need for (Read More)

Is GPS Tracking Legal in Illinois?

The answer to this question depends on who is doing the tracking and under what circumstances.  What you should be most concerned about is whether police are allowed to use GPS tracking devices to monitor your movements.  There are two scenarios where this is likely to happen, the first is where police are tracking you (Read More)

Can Police use a Drug Dog to Search Me in Illinois?

The U.S. Supreme Court decided the controversy over whether dog-sniffs can be used to determine probable cause last month in the case of Florida v. Jardines.  Dog-sniffs are a controversial topic in criminal law because specially trained dogs have been used for years by law enforcement, but the reliability has been questionable.  This unreliability has raised (Read More)