People v. Kruckenberg, 2019 IL App (3d) 170505-U. Episode 628 (Duration 31:43).
Matthew Paulson and Larry Vandersnick describe a drug interdiction traffic stop and analyze where it went wrong for the prosecution.
In This Episode…
“The appellate court is looking at what is actually going on in the case versus just looking at the total amount of time.” — Matthew Paulson.
Matthew Paulson & Larry Vandersnick
Matt Paulson has over 7 years of experience and has distinguished himself in both Illinois and Iowa as a successful criminal defense attorney handling all matters including Drug Trafficking and DUI / OWI cases.
Larry Vandersnick is a former Henry County State’s Attorney and a former Rock Island County and Henry County Circuit judge. Now he mainly handles criminal cases in state court.
Paulson & Vandersnick
4709 44th Street Ste 1
Rock Island, IL 61201
“Can’t Miss” Moments:
✓ Abolish it. Does it still make sense to have Rule 23 cases? What’s the point now that information is so easily accessible online? If you know how to find them why can’t you use them? (Go to 2:49)
✓ A surprising and disturbing reason why an attorney may not want to ask the court to publish a winning decision. (Go to 5:59)
✓ How the “tag team” approach is used on I-80 to get you to lower your shield so low you don’t go home again for a very long time. (Go to 7:15)
✓ How to measure 15 minutes. Everybody doesn’t experience the same 15 minutes the same way. Go here to uncover how the appellate court is measuring 15 minutes. (Go to 8:29)
✓ When common day pleasantries is considered outright rude and even illegal. (Go to 9:40)
✓ When the “K-9 search duration principle” determines if a search is likely to be upheld or stricken down…exactly what the officer is doing matters. (Go to 12:00)
✓ What police don’t want you to know about what exactly they are doing during a traffic stop. What is actually happening doesn’t feel like what is, in fact, happening. It feels much differently to the driver. (Hint: profiling and pretextual stops are 100% legal.) (Go to 13:38)
✓ Drug interdiction officers are NOT there to write speeding tickets. How this officer tipped his hat and showed his cards in a way that revealed his true intentions to the appellate court. (Go to 14:09)
✓ It took just 6 minutes of interaction with the driver, it was 6 minutes of nothing much happening, the officer didn’t radio in the drivers information until 6 minutes after they got back in his squad car, these were 6 minutes recorded as an eternity. (Go to 14:09)
✓ This is happening all over the place all the time…at least since 1995. Who’s gonna stop it? This is the one thing that actually takes longer and has been slowed down by modern computers. (Go to 17:14)
✓ The only way known to man to turn 10 into infinity. (Go to 19:45)
✓ Exactly what is happening when you are “front seated”. Whether you know it or not that’s when a Spidey sense is being aimed directly at you. (Go to 20:55)
✓ Doing this one thing in life can get you suspended or expelled from a program. Doing it in the law not only is completely ethical and proper it actually helps you win cases. (Go to 20:55)
✓ If attorneys shared more of this the world would be a better place… at least for defense attorneys and their clients. (Go to 26:06)
Links & Resources
You may also want to check out…
- Episode 458 – People v. Lee, 2018 IL App (3d) 170209 (February) (“No Talking” Command Was An Order Not A Request & 25 Minute Wait For Dog Was Too Long)
- Episode 069 – Rodriguez v. United States, 135 S. Ct. 1609 (2015)(SCOTUS case that set the unreasonable delay standard for rode side drug dog sniffs)
- Episode 049 – A summary of drug dog case law
- Episode 043 – People v. Thomas, 2014 IL App (3d) 120676 (October) (police dog sniff set-up procedures may be ordered by the police)
- Episode 087 – People v. Reedy, 2015 IL App (3d) 130955 (August) (this drug dog made it to the scene in a flash)
- Episode 417 – People v. Paddy, 20172017 IL App (2d) 160395 (October) (police unreasonably delayed this traffic stop to give the dog time to get there)
- Episode 446 – People v. Heritsch, 2017 IL App (2d) 151157 (December) (this is how you do it if your an officer who wants to conduct a rode side dog sniff every minute has to be accounted for)
- Episode 533 – People v. Thomas, 2018 IL App (4th) 170440 (August) (Unreasonable Delay For A Drug Dog Sniff – Accumulation of Road Trash Is Not Reasonable Suspicion)
- Episode 563 – People v. Sadeq, 2018 IL App (4th) 160105 (November) (Steigmann says the delay to have the drug dog come out was justified because defendant was, in part, extremely nervous.)
- Fourth District Doing Something Different With Dog Sniff Cases – People v. Pettis – Episode 196
- People v. Pulling, 2015 IL App (3d) 140516 (June 2015)(stop was unreasonably prolonged when drug dog is walked around the car)
- People v. Litwin, 2015 IL App (3d) 140429 (September 2015) (drug trafficking conviction must be reversed because this drug dog sniff exceeded the applicable scope of the traffic stop and oh yea, reviewing court doesn’t believe the officer)
Before You Go…
If you are an Illinios attorney and keeping up with the case law is important to you then you’ll enjoy these free gifts I have for you…