Illinois v. Caballes: The Police Drug Dog Sniffer Case
Illinois Legislature Passes ‘License to Work Act’
Feds charge Illinois State. Rep. Luis Arroyo with bribery
The political landscapes in Chicago and in the Illinois General Assembly have undergone rapid changes in the past few days. State Rep. Luis Arroyo, from Chicago’s West Side, was arrested and charged with bribery by federal prosecutors on Monday of last week. Two days later, Arroyo resigned.
Prosecutors claim the former Third District representative tried to bribe a state senator with monthly $2,500 payments in exchange for support for legislation to legalize “sweepstakes” gambling. “This is the jackpot,” Arroyo allegedly said to the senator as he handed over the first check.
According to news reports, the state senator was wearing…
Denial of pro se motion reversed where court did not notify petitioner that it was re-characterizing his pleading before denying it
The appellant in People v. Cook, 2019 IL App (1st) 161428, appealed the trial court’s denial of his pro se “Motion for New Trial for Newly Discovered Evidence, State’s Miscarriage of Justice for Withholding Evidence in Defendants Judicial Proceedings.” Cook contended that the court erred in re-characterizing his motion as a successive post-conviction petition and denying him leave to file it without first notifying him and giving him an opportunity to withdraw or amend it. The appellate court agreed and vacated the trial court’s order and remanded to give Cook the requisite notice and opportunity to withdraw or amend…
CAN POLICE USE A DOG TO SEARCH OUTSIDE MY MOTEL ROOM WITHOUT A WARRANT?
You are staying at a motel. You heard some people with a dog outside your room, but you thought nothing of it. A little while later, the police were at your door with a warrant. The dog you heard earlier was part of the canine unit, and now police want to search your room.
Can they do that? What can you do?
The Fourth Amendment of the constitution guarantees you the right to be free of unreasonable searches or seizures. The police need probable cause or a warrant to perform a search although there are some exceptions. When you are…
How do I clear a hold from Illinois on my out-of-state driver’s license?
Jury finds pair of crooked Chicago cops guilty
We have in the past written about a pair of Chicago police officers who were arrested and charged with stealing drugs and cash. Sergeant Xavier Elizondo and Officer David Salgado were recently found guilty by jurors on all charges of conspiracy, obstruction of justice and theft.
Their case makes it clear again why people who are arrested should not lose hope. Unfortunately, some police officers are themselves corrupt and see a profit in framing people on drug-trafficking charges and other allegations.
Prosecutors presented evidence that showed that officers Elizondo and Salgado used bogus information to obtain search warrants and then…
Petitioner unable to show cause and prejudice for successive petition where he had raised a re-sentencing claim before
The appellant in People v. Morrow, 2019 IL App (1st) 161208, appealed the decision of the trial court denying him leave to file a successive post-conviction petition on grounds that his appellate counsel was ineffective for failing to ask the court to remand for re-sentencing following the vacation of his armed robbery conviction. The appellate court ultimately affirmed the trial court’s order.
Morrow was convicted of murder and armed robbery after a jury trial and sentenced to concurrent terms of 60 years imprisonment for murder and 20 years for armed robbery. On direct appeal, the appellate court affirmed appellant’s…
THE CRIME OF IDENTITY THEFT IN ILLINOIS
Illinois law prohibits several types of identity theft. Perhaps the most basic definition is where you knowingly used the personal identifying information or documents of another person to fraudulently obtain credit, money, goods, services or other property or to commit a felony. (See 720 ILCS 5/16-30).
A key element to the offense is the word “knowingly.” To convict you, the state must prove that you actually knew the information or documents you used belonged to another person.
For example, in People v. Fort, the defendant used a credit profile number (CPN) that he had purchased from a website.…
CAN I DRIVE WITH RECREATIONAL MARIJUANA IN THE CAR?
Recreational marijuana is about to become legal in Illinois, but that doesn’t mean you can cruise the highway lazily puffing a joint with your stash on the seat. Be aware that there are still limits.
As with open alcohol, you may not drive while using cannabis in the passenger area of your car while on the road. See 625 ILCS 5/11-502.15. Furthermore, no one may possess cannabis in the car’s passenger compartment unless the cannabis is in a sealed, odor-proof, child resistant cannabis container. Violating either law is a Class A misdemeanor, punishable by up to one year in…
Post-conviction petition found meritless because evidence of petitioner’s guilt was overwhelming
The appellant in People v. Carlisle, 2019 IL App (1st) 162259, appealed the trial court’s order dismissing his pro se petition for post-conviction relief as frivolous and patently without merit on grounds that the petition stated the gist of a constitutional claim of ineffective assistance of appellate counsel. Id. at ¶ 2. The appellate court was unable to find that trial or appellate counsel was ineffective and therefore affirmed the decision of the trial court.
Prior to engaging in their review of the claims brought by appellant, the appellate court noted that any defendant raising a claim concerning appellate…
Suburban city manager under investigation in hit-and-run
Southwest suburb Oak Lawn placed its city manager on administrative leave days after a hit-and-run crash in which he was apparently the driver. Village Manager Larry Deetjen is accused in a hit-and-run that left a 48-year-old man with critical injuries.
The Oak Lawn Village Board placed Deetjen on paid leave pending the outcome of a police investigation in neighboring Chicago Ridge. The victim is from Worth, a village immediately southwest of Chicago Ridge.
According to law enforcement officials, witnesses told investigators that the car that struck the victim and then sped off was marked as an official Oak Lawn vehicle.…
CAN I DRINK IN THE ALLEY? THE OFFENSE OF DRINKING IN PUBLIC WAYS
You and your friends were hanging out in the alley with a bottle of Grey Goose vodka. A police cruiser spotted you with the booze. As a result, you were all arrested for drinking in public ways. The police then patted you down and found drugs and a gun in your pocket. You were then arrested for drinking in public ways and for possession of contraband.
What is drinking in public ways? What can you do?
Depending on whether you were actually on the public way, you may be able to suppress the evidence from your arrest.
Most municipalities have…
Ten accused in alleged Chicago-Texas drug trafficking ring
Lake Michigan’s waves lap at one of the borders of Chicago’s Kenwood neighborhood. According to police, one end of an illegal drug pipeline is there in one of the city’s better-known communities and the other end is in Texas.
Ten people have been arrested on federal drug charges in “Operation Grapevine,” an investigation of the pipeline, the U.S. Attorney’s Office for the Northern District of Illinois said. Law enforcement officials said 14 kilos of cocaine and more than a dozen guns were seized in a raid on a Kenwood home.
Officers also took possession of about $215,000 in cash and…
Federal DUI Defense
Nothing Much Happens When Police Don’t Follow The Illinois Supreme Court Rules For Traffic Tickets
