Yesterday, in a unanimous decision, an Illinois appeals court held that “the smell of the burnt cannabis, without any corroborating factors, is not enough to establish probable cause to search [a] vehicle, and the [trial] court did not err in granting the motion to suppress” filed by the defense. This holding reversed long-held precedent in Illinois and will be a game-changer for police officers and motorists.

In this case, the People of the State of Illinois v. Stribling, the motorist was pulled over by police after allegedly violating several traffic laws and the officer claimed to have detected a…
Continue Reading Smell of Burning Cannabis Alone No Longer Satisfies Probable Cause for Search of a Vehicle In Illinois

The United States Supreme Court decided an interesting case that discusses the issue of double jeopardy and how it works. While some of the core issues involve dual sovereignty matters that don’t come up that often, the case involves a basic understanding of double jeopardy and how it could play out in the court system

Many people facing state and federal charges for a single illegal act are surprised to learn that they are not protected by double jeopardy.
Denezpi v. United States
In Denezpi v. United States, the court looked at a criminal case involving a Navajo Indian…
Continue Reading Double jeopardy might not provide the legal protection you think

Americans take elder abuse seriously. When evidence arises of possible exploitation, neglect or abuse of someone over aged 65, the reaction is generally swift and aggressive.

For those facing accusations of elder abuse or financial exploitation of the elderly, these accusations can come in both criminal court and in civil court. Further, the public perception is usually one of outrage. When facing allegations in the criminal courts, it takes an aggressive and experienced criminal defense lawyer who knows how to find the weaknesses in the prosecutor’s case to help you avoid a conviction and prison time.
South Florida financial exploitation…
Continue Reading Fighting back against elder abuse charges

The neglect of the elderly is a common problem, especially in larger urban areas. When the people who are being paid to provide care for the elderly are the ones who are apparently at fault for injuries and deaths occurring to the elderly, the normal recourse resides in the civil courts.

But when does neglect of the elderly, negligence or recklessness surrounding their care and/or nursing home neglect rise to the level of criminal activity? Can a nursing home or a member of its staff be charged with a crime when their negligence results in injury or death to nursing…
Continue Reading Can nursing home negligence be a crime?

The recent news story about the Supreme Court’s opinion in progress will certainly polarize the already divided American public regarding abortion rights and the right to life throughout the country. However, another story less discussed is the fact that the reported leak of this kind might represent any number of serious federal crimes.
The case
According to Fox News online and many other sources, an early draft of the Supreme Court Justices’ majority ruling in the case of Dobbs v. Jackson Women’s Health has been leaked to the public this week. The case itself, challenging the constitutionality of Mississippi’s prohibition…
Continue Reading Is the recent Supreme Court leak a criminal offense?

For many people accused of computer-related crimes, and even for many criminal defense attorneys, the evidentiary issues around computer-related crimes seem mysterious and often difficult to sort. However, computer and technology cases involve similar evidentiary issues as any other type of case. Admittedly, some of the details can become complicated, but the fundamental issues are the same.
How was the evidence gathered?
Like most of the cases I have handled over the years, computer crimes and other criminal cases often hinge on how the police conducted the investigation, the arrest and the search – how they gathered evidence. There are…
Continue Reading How to challenge evidence in computer cases

Members of the community often have harsh negative opinions of certain types of alleged criminals, such as so-called rapists and child molesters, and many have even harsher negative opinions and the greatest criticism for “dirty cops,” corrupt prosecutors, or other corrupt public officials. In other words, corrupt law enforcement are often quickly convicted in the court of public opinion because they have allegedly broken the sacred oath they took to uphold the law.

However, the good news is that the court of public opinion has no real jurisdiction or is of no real consequence in criminal matters. People’s opinions have…
Continue Reading Who defends police and prosecutors on trial?

As cryptocurrency, such as bitcoin, is becoming increasingly popular it makes sense that on occasion someone would want to transfer cash into bitcoin or bitcoin into cash. However, in many cases, this type of transaction could be illegal and a serious federal offense; it could result in a charge such as operating an unlawful money transmitting business, or connect or lead someone into related criminal charges such as money laundering.
What the law says about money transmitting businesses
18 U.S. Code § 1960 is the primary federal law prohibiting unlicensed money transmitting businesses. According to this section, a money transmitting…
Continue Reading What is an unlawful money transmitting business?

Asset seizures for the purpose of forfeiture happens with shocking frequency. Law enforcement authorities at all levels are involved with forfeitures and they are frequently coordinating their efforts between the federal, state and municipal levels to launch criminal investigations and civil claims.

The most financially significant asset seizures occur most frequently at certain hot spots like train stations, airports, and bus depots. It is critical to understand how the police approach asset seizures and forfeitures in order to minimize exposure and fight to get your assets back when the police break the rules or can’t meet their burden of proof…
Continue Reading Police tactics in asset forfeitures in airports, train stations and bus stations

We live in a digital era. Police use body cameras. There are cameras and home security systems littered throughout every neighborhood. ATM machines usually have security cameras that are always recording what they see. Even the smartphones carried by most citizens can be used by the police to obtain valuable evidence.

For many defendants in criminal cases, this is bad news, because it is easier than ever for the police to get the evidence needed for a conviction.

However, the digital evidence benefit can work both ways. With a skilled attorney, you can use the same technology the police are…
Continue Reading How to win the digital evidence war