Google Will No Longer Respond to “Geofence” Warrants
Google recently announced changes to its data retention of users location history that makes it impossible for the company to access a user’s data from Google Maps. Previously, Google would use this data to comply with warrants that sought information concerning all active mobile at a specific time and location to investigate possible suspects, called a “geofence.” This type of warrant was used by law enforcement in major cases, such as identifying those who were alleged to take part in the January 6th storming of the capital and the riots in Kenosha,
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Chicago Criminal Law Blog
Latest from Chicago Criminal Law Blog - Page 2
Injunctive Relief Sought Against Illinois Assault Rifle Ban Denied in Federal Appellate Court, Could the United States Supreme Court Weigh in?
Denial of Injunctive Relief Upheld in 2-1 Split In Seventh Circuit Court of Appeals
As we have previously covered, there has been a flurry of litigation after the Illinois state legislature passed a ban on the sale and transfer of various assault weapons and high-capacity magazines that was signed into law by Governor Pritzker. Recently the Seventh Circuit of Appeals in Chicago upheld the blocking of a proposed injunction that would have prevented the law from going into effect in a 2-1 decision, which the Illinois State Rifle Association says they plan to appeal to the United States Supreme…
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More Changes to Federal Sentencing Guidelines
Expansion of Compassionate Release
As we previously covered, changes to the Federal Sentencing Guidelines for the sentencing of “Zero Point Offenders” went into effect November 1, 2023 after there was no objection from Congress. Those changes also will be applied retroactively beginning February 1, 2024. In addition to those changes, the guidelines surrounding so called “Compassionate Release” were amended to great effect. Inmates currently serving sentences in the Bureau of Prisons can now seek reductions in their sentence based on expanded “Extraordinary and Compelling Reasons” which now include inmates living in facilities affected or at risk of being affected…
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Famous Rapper Questions Lawyers Use of AI at Federal Trial
Rapper Accuses Attorney of Outsourcing Closing Arguments to AI Technology In Request for New Trial
Prakazrel Michel, better known by his professional name “Pras” and as a member of the hip hop group Fugees, recently appealed his April federal conviction on charges of conspiring to circumvent United States election laws through campaign contributions, arguing that his trial attorney, David Kenner, improperly relied on AI-generated closing arguments in his defense. Pras has appealed his conviction alleging ineffective assistance of counsel by his former attorney, claiming “Kenner’s closing argument made frivolous arguments, misapprehended the required elements, conflated the schemes and ignored critical…
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Lawful Marijuana Users May Have Gun Rights Restored
Eleventh Circuit Court of Appeals Hears Case Concerning Medical Marijuana Users and the Second Amendment
As we have previously covered, the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) and by extension the federal government remain committed to denying lawful ownership of firearms for marijuana users, even if users are in compliance with their state’s law concerning marijuana use. However, an Eleventh Circuit Court of Appeals panel recently heard argument on an appeal from some Florida residents who are challenging the federal government’s bar on medical marijuana patients from owning and possessing firearms because the drug remains federally illegal.
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Republican Senators Voice Opposition to Proposed New Gun Control Regulation
Department of Justice Seeks to Redefine “Engaged in Business” to Expand Gun Control
The Department of Justice (DOJ) recently announced a proposed rule change by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) that would expand when a person is “engaged in the business” of dealing firearms to include all persons who “devote time, attention and labor to dealing in firearms as a regular course of trade or business” for profit through repetitive sales of firearms. This regulation, which would be enforced would close the so-called “gun show loophole” which allows individuals to sell firearms without conducting the necessary…
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Felons May Be Able to Have Gun Rights Restored
Recent Supreme Court Decision Presents Avenue for Felons to Possess Guns Again
Last year when the United States Supreme Court announced its decision in New York Rifle and Pistol Association v. Bruen, many advocates of Second Amendment rights saw an opening for greatly expanding gun ownership, possession, and the laws governing the same in the United States. The ruling overturned a New York state gun law which required individuals to show proper cause for why they should be allowed to carry a firearm in public before the state would effectively issue a concealed carry license, but the implications are much…
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Illinois Lawmakers Attempt to Combat Rising Carjackings on Multiple Fronts
City of Chicago Sues Kia and Hyundai Over Rise in Auto Thefts
Chicago mayor Brandon Johnson recently announced that the City of Chicago has filed a lawsuit against car manufacturers Kia and Hyundai, alleging that a defect in their car designs on multiple vehicles make auto thefts easier. Mayor Johnson attributes that leading to a sharp increase in the amount of auto thefts of these particular vehicles throughout the city, from around 500 in the first half of 2022 to over 8,350 during the second half of that year. The alleged defect has also led to over half the vehicles…
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Department of Justice Shifting Focus to Concentrate on White Collar Crime Enforcement
High Ranking Official Highlights Appointment of Chief Counsel for Corporate Enforcement as Evidence of New Focus
This past Monday, the Principal Associate Deputy Attorney General, Marshall Miller, announced during a panel on white-collar crime that the Department of Justice has increased its focus on corporate crimes, highlighting the appointment of the National Security Divisions first chief-counsel. In addition to the appointment, the national security division is in the process of revamping their division with the hire of 25 new prosecutors who will focus on sanctions evasion and export control violations, in addition to money-laundering and asset recovery. Prosecutors have…
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Cook County States Attorney’s Office Publishes “Do Not Call List” of Police Officers Deemed Unsuitable to Testify in Court
Hundreds of Police Officers Will Not Be Called to Testify as Prosecution Witnesses in Cook County Criminal Courts
Although many believe that law enforcement officers are prone to lying in court as a means to an end, statistically most law enforcement officers are honest and hardworking individuals. However, every industry has its share of bad apples, a fact known to Cook County prosecutors. Earlier this year it was reported that the Cook County State’s Attorney’s Office keeps a list of hundreds of officers that they refuse to call to testify in criminal cases because of their past conduct, which they…
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Will the Federal Government Ease Marijuana Restrictions?
Federal Agency Recommends Marijuana Reclassification and Rescheduling
The U.S. Department of Health and Human Services (HHS), which is the Administrator of the Drug Enforcement Agency (DEA), recommended that the DEA reclassify marijuana from a Schedule I substance (the most serious classification) to a Schedule III substance under the Controlled Substances Act. While this recommendation falls short of national calls for decriminalization of marijuana, such an action could have broad implications for the burgeoning marijuana industry and individuals charged with federal marijuana crimes. Drugs classified as Schedule I, such as heroin, PCP, and currently marijuana, have “no currently accepted medical use”…
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Illinois to Expand Eligibility for First-Time Gun Offenders
Legislation Expands Qualifications for Deferred Prosecution for First Time Gun Offenders
Illinois recently passed into law an expansion of who can qualify for the second chance probation program with bipartisan support. Under the previous law, enacted as a pilot program in Illinois which would have ended in January 2024, first time offenders under the age of 21 at the time of arrest who were charged with illegal possession of a gun could qualify for the program that would defer their prosecution and ultimately dismiss charges if offenders completed a probationary period successfully. The new legislation shortens the probationary period, makes…
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Federal Sentencing Guidelines Amended for Zero Criminal History Point Offenders
Federal Sentencing Guidelines Amended for Zero Criminal
History Point Offenders
Defendants With No Criminal History to Receive Reduction in Guideline Level Calculation
The United States Sentencing Commission recently met and made changes to the federal sentencing guidelines for the first time since 2018 with massive implications for those without a criminal record. Under the proposed amendments, which will become effective on November 1, 2023, should congress not reject them, individuals with a criminal history score of zero will receive a two-level decrease in their guideline calculation, provided the crime they committed does not disqualify them in any other enumerated…
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Inmates with Serious Medical Needs Remain Imprisoned at High Levels in Illinois
Inmates with Serious Medical Needs Remain Imprisoned at High Levels in Illinois
2022 Reform Has Limited Impact on Aging Population in Illinois Prisons
In 2022 Governor Pritzker signed the Joe Coleman Medical Release Act, which was a bill designed to allow the Prisoner Review Board to release inmates who have less than 18 months to live or need help with more than one important daily activity, such as eating or using the bathroom. While the bill was highlighted by Illinois democrats as both a cost cutting measure for Illinois taxpayers paying for advanced medical care and as a compassionate measure…
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Ex-Top Staffer Found Guilty as Part of Federal Investigation into Public Corruption
Former-Chief of Staff for Former-House Speaker Madigan Found Guilty of Obstruction and Perjury
A federal jury only needed 5 hours to find longtime ex-Chief of Staff to Michael Madigan, Tim Mapes eguilty of obstruction of justice and perjury charges stemming from statements given to a federal grand jury that was investigating the former House Speaker of the Illinois legislature and other legislators. Despite being given immunity for his testimony, Mr. Mapes is convicted of lying to the grand jury about what he knew and/or what he remembered about specific allegations against his former boss and others in his political circle,…
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Former Chicago Officers Charged with COVID-19 Relief Fraud
Federal Charges Continue to Show That No One Is Above the Law
Two former Chicago Police Department (CPD) Officers were charged federally for fraudulently obtaining over $2 million in money earmarked for COVID-19 relief programs. Last month, Torrey Price retired from the CPD after being a member for over 23 years and his codefendant, Aaron Price. The two former police officers, along with a third person, are alleged to have fraudulently obtained over $1.4 million in forgivable loans under the Paycheck Protection Program (more commonly referred to as “PPP Loans”), along with seeking an additional $4.2 million for which they…
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