Criminal

Illinois v. Caballes, 543 U.S. 405 (2005). SCOTIS Notice (Duration 1:43) This is the SCOTUS case that set the framework for the use of drug dogs in the United States. This opinion normalized the use of drug dogs by police departments during traffic stops. The case concluded that police don’t need a warrant when they walk a drug dog around a car during a traffic stop. Issue Do police need a warrant to use a drug dog to sniff a car during a traffic stop? Facts Driver was stopped and ticketed for speeding. During the traffic stop, a canine…
On October 29, 2019, the Illinois House passed Senate Bill 1786 known as the License to Work Act. The Act has now passed both houses of the Illinois legislature and awaits the Governor’s signature. Over the last 30 years, laws have been passed authorizing the suspension of a person’s driver’s license as a means of collecting past due parking ticket fines, tollway violations and fees owed to the Illinois Commerce Commission. The License to Work Act removes the authority of the Secretary of State to suspend driving privileges for such reasons. The legislation also provides for restoration of driving privileges…
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…
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…
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…
If your driving privileges are suspended or revoked in Illinois, you may be unable to obtain or renew your driver’s license in the state in which you reside due to the hold that Illinois has placed on your ‘National Driving Record’. This may occur even if you never lived in Illinois or never obtained an Illinois driver’s license. Most states will not issue or renew your driver’s license until the hold has been lifted and your National Driving Record is clear of suspensions or revocations from Illinois or any other state. Most holds in Illinois result from either a revocation…
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…
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…
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.…
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…
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…
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.…
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…
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…
While the vast majority of offenses for driving under the influence of alcohol or drugs (DUI) are filed and heard in state courts, DUI may also be charged as a federal offense. Most commonly, federal DUI charges arise in situations where the offender is stopped on the property of a federal military installation, national park, national monument, post office or on other federal property. DUI on National Park Service land If the DUI occurred on land controlled by the National Park Service, the DUI may be prosecuted as a Class B misdemeanor punishable by up to 6-months incarceration, a $5,000.00…
I first talked about Cristopher Geiler and his battle with the Troy Police Department back in Episode 065 of the Criminal Nuggets Podcast. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Back Ground Pro Se litigant takes his speeding ticket all the way to the Illinois Supreme Court. We have a little fun and examine exactly why the police didn’t follow the rules in this case. I first talked about Cristopher Geiler and his battle with the Troy Police Department back in Episode 065 of the Criminal Nuggets Podcast.  Recap If…