200 new Illinois laws scheduled to take effect on Jan. 1. Here are the new laws governing Crime, Courts, Corrections and Law Enforcemen

More than 200 new Illinois laws scheduled to take effect on Jan. 1. Here are the new laws governing Crime, Courts, Corrections and Law Enforcement in Lake County, Illinois:

  • Child Abuse by Professionals (SB 1763/PA 99-0350): Clarifies definitions to include situations where a person who is acting in a professional capacity abuses or neglects a child.
  • Abused Adult Records Access (SB 1309/PA 99-0287): Gives a Public Guardian access to records regarding investigations of abuse, neglect, financial exploitation or self-neglect of eligible adults when the Public Guardian is investigating the need for a guardianship or pursuing a petition for guardianship.
  • Abused Children Protection Orders (SB 1335/PA 99-0349): Provides that the parties to the proceedings are also entitled to copies of unfounded reports.
  • AED Mandate (SB 764/PA 99-0246): Requires sheriff’s offices and municipal police departments that employ over 100 police officers comply with the AED Act and be equipped with an AED.
  • Body Cameras (SB 1304/PA 99-0352): Establishes rules and regulations for the use of officer-worn body cameras and implements a package of police reforms. Police reforms: Prohibits police from using chokeholds, except when deadly force is justified; requires an independent review of officer-involved deaths, and makes investigation reports part of the public record if an officer involved in a death is not charged with a crime; expands police officer training to include topics like use of force; creates a database of officers who have been fired or resigned due to misconduct. Body camera regulations: Does not require police departments to use body cameras. If they choose to do so, officers must keep their cameras on when conducting law enforcement activities. Officers would be allowed to turn the camera off when talking to a confidential informant, or at the request of a victim or witness. Requires officers to let people know they are recording if they enter a home. Videos will be kept for 90 days, unless flagged for specific reasons. Allows for grants via a $5 fee increase for each $40 on criminal and traffic offenses, to go toward cameras and new training.
  • Coroner Training Board (SB 663/PA 99-0408): Creates the Coroner Training Board Act and Transfers the oversight of coroner training from the Law Enforcement Training Standards Board to a new Coroner Training Board the authority to conduct and approve a training program in death investigations.
  • County Jail “Good Time” Sentencing (HB 3785/PA 99-0259): Changes existing provision that no committed person may be penalized more than 30 days of good behavior allowance for any one infraction by providing that if the infraction is the second or subsequent infraction within any 30-day period, then the committed person may not be penalized more than 60 days of good behavior allowance.
  • Court Interpreters for Civil Cases (HB 3620/PA 99-0133): Requires appointment of language interpreters for witnesses and parties in civil cases, if necessary.
  • Court Services Fee (SB 804/PA 99-0265): Allows counties to impose a higher court services fee (now maximum of $25) if the fee is supported by an acceptable cost study. The fee must be used to defray court security expenses.
  • Court Supervision for Aggravated Speeding (HB 1453/PA 99-0212): Provides that a defendant charged with speeding 26 miles per hour or more in excess of the applicable speed limit may be eligible for court supervision if the defendant has not been previously convicted for a similar offense or previously assigned court supervision for a similar offense.
  • Crime Victims Debt Collection (SB 1866/PA 99-0444): Amends the Crime Victims Compensation Act to prevent a vendor who has been provided notice of a claim filed under the Act from engaging in debt collection activities against the applicant until the Court of Claims awards compensation for the debt and the payment is processed. “Debt collection activities” does not include billing insurance or other government programs, routine inquiries about coverage, or routine billing that indicates that the amount is not due pending resolution of the crime victim compensation claim.
  • Domestic Violence Sentencing Consideration (SB 209/PA 99-0384): Adds a history of domestic violence to the list of mitigating factors for judges to consider during sentencing. Creates a process for courts to review petitions for re-sentencing for certain offenses committed by a victim of domestic violence who was unable to present evidence of domestic violence at trial.
  • Discovery (HB 95/PA 99-0110 – Sen. Michael Connelly): Provides that discovery in civil cases, such as admissions of fact and of genuineness of documents, physical and mental examinations of parties and other persons, the taking of any depositions, and interrogatories shall be in accordance with rules.
  • DUI-related Safety Provisions (SB 627/PA 99-0467): Makes several recommendations based on the Traffic Safety Advisory Committee. Changes include the following:
    • Requires certain individuals suspected of consuming alcohol to sign the written warning from law enforcement.
    • Removes “hard time” provisions which currently prohibit driving relief for DUI offenders, and instead allow offenders to apply for a Monitoring Device Driving Permit or Restricted Driving Permit, with a Breath Alcohol Ignition Interlock Device.
    • Requires any offender with two+ DUI or reckless homicide convictions to install a BAIID as a condition of a Restricted Driving Permit.
    • Requires a BAIID, as a condition of a RDP, if the offender is convicted of DUI involving death, great bodily harm or permanent disability or disfigurement to another.
  • Elderly Exploitation Civil Action (HB 1588/PA 99-0272 – Sen. Jason Barickman): Changes the civil liability provision of financial exploitation of an elderly person or a person with a disability to allow for a civil cause of action regardless of whether criminal charges have been filed. Civil liability provision does not limit or affect the right of a person to bring a cause of action or seek any remedy available under the common law, or other applicable law.
  • Facilitated Courtroom Testimony (SB 1389/PA 99-0094): Allows the court to set conditions it finds just and appropriate, including the use of therapy and service animals, for taking the testimony of a child victim or disabled victim in certain sex offense cases.
  • False 9-1-1 Call (HB 3988/PA 99-0160 – Sen. Michael Connelly): Requires reimbursement where a person makes a false 9-1-1 call knowing there is no reasonable ground for making the call or transmission and further knows that the call or transmission could result in the emergency response of any public safety agency. Caps reimbursement at $10,000.
  • First Responder Assault Penalties (HB 3184/PA 99-0256): Enhances the penalty for aggravated assault of a peace officer, fireman, emergency management worker, or emergency medical technician.
  • Foreclosure Special Representative (SB 735/PA 99-0024): Adds conveyances under a transfer on death instrument, conveyances where title was transferred prior to death, and where title was conveyed from the deceased’s probate estate to foreclosure cases where the court is not required to appoint a special representative for a deceased mortgagor.
  • Foreign Affairs Officers Arrests (HB 1337/PA 99-0190): Provides that the new consular notification mandate does not create any affirmative duty to investigate whether an arrestee or detainee is a foreign national.
  • Gender Identity Protection (HB 3552/PA 99-0417): Provides that the written directions a person leaves regarding disposition of that person’s remains may include instructions regarding gender identity including, but not limited to, instructions with respect to appearance, chosen name, and gender pronouns, regardless of whether the person has obtained a court-ordered name change, changed the gender marker on any identification document, or undergone any transition-related medical treatment.
  • Good Conduct Time Sentencing (HB 3475/PA 99-0381): Amends the Unified Code of Corrections by expanding who may be eligible for certificates of good conduct to include persons convicted of committing or attempting to commit a Class X felony or a forcible felony (other than certain offenses currently specifically excluded in statute).
  • Good Conduct Sentencing Credit (HB 3884/PA 99-0241 – Sen. Michael Connelly): Gives an additional 30 days of sentence credit to any prisoner who passes their high school equivalency testing while in the Department of Corrections or while they are being held in pre-trial detention (county jail) prior to the current commitment to the Department of Corrections.
  • IDOC Parolee Information (HB 2722/PA 99-0275 – Sen. Michael Connelly): Helps protect the privacy of rehabilitated inmates seeking to reenter society because of (1) witness protection issues and gang affiliation/retaliation when an inmate is released. This bill does not affect separate victim notification requirements when an offender is released.
  • Juries – Removal and Disability (HB 3704/PA 99-0102 – Sen. Michael Connelly): Provides additional means of establishing a total and permanent disability for purposes of a prospective juror seeking a permanent exclusion from jury service (an individualized education program plan or proof of a guardianship).
  • Juvenile Justice Councils (HB 3718/PA 99-0258): Eliminates provisions in the Juvenile Court Act of 1987 that require automatic prosecution of minors as adults. Eliminates mandatory and presumptive transfers to adult criminal prosecution. Retains discretionary (judicial) transfer provisions.
  • Juvenile Justice Councils (HB 4044/PA 99-0435): Amends the Juvenile Court Act of 1987 by expanding entities who may designate representatives to serve on county juvenile justice councils. This will add additional community-based perspectives to the juvenile justice councils.
  • Juvenile Justice Reforms (SB 1560/PA 99-0268): Prevents juvenile misdemeanants from Department of Juvenile Justice (DJJ) commitment, suspends automatic custodianship of DJJ for aftercare (parole) violators if they have new adult criminal charges pending, and adjusts length of aftercare time to be proportional with length of adult parole.
  • Juvenile Justice Reports (HB 3141/PA 99-0255 – Sen. Dale Righter): Amends the Unified Code of Corrections by adding a new section that clarifies the reporting requirements of the Department of Juvenile Justice to the Governor and General Assembly. Provides a due date of Jan. 1.
  • Law Licenses for Non-Citizens (SB 23/PA 99-0419): Asks the Illinois Supreme Court to grant law licenses to non-citizens provided certain conditions have been satisfied related to the recently enacted federal “Deferred Action for Childhood Arrivals” program.
  • Lifetime Sentences for Juveniles (HB 2471/PA 99-0069): Aligns Illinois’s criminal statutes with a U.S. Supreme Court ruling that found automatic mandatory life sentences for juveniles to be unconstitutional. Grants judges leeway to determine whether such a sentence is warranted and allows judges to lengthen or shorten a sentence depending on whether a firearm or automatic weapon was used in a capital crime.
  • Minors in Detention Facilities (HB 2567/PA 99-0254): Prohibits a delinquent minor younger than age 13 from being admitted, kept, or detained in a detention facility unless a local youth service provider has first been contacted and is not able to accept the minor.
  • Missing Persons Identification Act Changes (HB 4097/PA 99-0244 – Sen. Kyle McCarter): Prohibits law enforcement agencies from refusing to accept a missing person report on the basis of the missing person’s mental state or medical condition.
  • Mental Health Fitness Ability to Stand Trial (SB 1938/PA 99-0140 – Sen. Tim Bivins): Amends the Code of Criminal Procedure relative to defendants found unfit to stand trial by making sure that the reports of forensic examiners working for circuit courts are also provided to the Department of Human Services (DHS) in conjunction with the judge’s order remanding the unfit defendant to a DHS facility for treatment.
  • Mistaken Arrest Records (HB 169/PA 99-0363): Requires, if a person has been arrested for a criminal offense based upon mistaken identity, the law enforcement agency whose officers made the arrest to delete or retract the arrest records of that person.
  • Orders of Protection Process (HB 3161/PA 99-0240): Prohibits a special process server from being appointed in Cook County if the order of protection to be served grants the surrender of a child, the surrender of a firearm or firearm owner’s identification card, or the exclusive possession of a shared residence.
  • Out-of-State Subpoenas (SB 45/PA 99-0079 – Sen. Jason Barickman): Creates a simple process for civil cases by which a subpoena from an out-of-state court can be used to issue a discovery subpoena in Illinois.
  • Police Crisis Intervention (HB 4112/PA 99-0261): Provides that the Law Enforcement Training and Standards Board (LETSB) will create a standard curriculum in crisis intervention and specialized policing responses to mental illness. Requires LETSB to conduct Crisis Intervention Team Training.
  • Powdered Alcohol Ban (SB 67/PA 99-0051): Prohibits the sale of products consisting of or containing powdered alcohol in Illinois by creating a Class A misdemeanor for a violation and a Class 4 felony for a second or subsequent violations.
  • Powdered Caffeine Prohibition (SB 9/PA 99-0050): Prohibits the sale or offering of powdered pure caffeine to anyone younger than age 18.
  • Power of Attorney (SB 159/PA 99-0328): Makes technical changes to the Illinois Power of Attorney Act relative to health-care powers of attorney.
  • Preservation and Delivery of Evidence (HB 233/PA 99-0354 – Sen. Tim Bivins): Requires the County Coroner to properly preserve evidence from a death investigation if appropriate equipment is available and release it to the investigating agency no later than 30 days after collection. Requires the police agency receiving that evidence to submit the specimens to a National DNA Index System participating laboratory within the state.
  • Probate Citations Recover (SB 1308/PA 99-0093): Allows the court to issue a citation, pursuant to any civil cause of action, for the appearance of any person who may have had assets in his or her possession and of any person who may be liable to the estate of a ward.
  • Probate Disabled Persons Wills (SB 90/PA 99-0302): Establishes a rebuttable presumption that a will or codicil is void if it was executed or modified after the testator is adjudicated disabled and either a plenary or limited guardian has been appointed and the court has found that the testator lacks testamentary capacity.
  • Probate Temp Adult Guardians (HB 2505/PA 99-0070): Amends the Probate Act to provide that a temporary guardian of a disabled adult shall have the limited powers and duties of a guardian of the person or of the estate which are specifically enumerated by court order.
  • Prostitution (SB 201/PA 99-0347): Makes it an aggravating factor in promoting juvenile prostitution, patronizing a prostitute, or patronizing a minor engaged in prostitution knowing that the minor was in the custody or guardianship of the Department of Children and Family Services.
  • Same Sex Hate Crimes Definition (HB 3930/PA 99-0077): Changes definition of “sexual orientation” in the hate crime statute, the institutional vandalism statute, and the statute concerning aggravating factors in sentencing to the definition used in the Illinois Human Rights Act. Amends the offense of institutional vandalism by replacing the term “sexual orientation” with “ancestry, gender, sexual orientation” and “physical or mental disability.”
  • Scott’s Law Changes (SB 1424/PA 99-0125): Adds recycling vehicles to vehicles covered under Scott’s Law.
  • Sealing of Criminal Records (HB 3149/PA 99-0378): Allows a person who earned a high school diploma, associate’s degree, vocational technical certification, or bachelor’s degree, or GED during the period of his or her sentence or mandatory supervised release to petition for early sealing of the record prior to the applicable waiting period.
  • Sealing of Criminal Records (SB 844/PA 99-0385): Allows for sealing of certain eligible criminal records in two years (rather than three years or four years) and other records including eligible felonies in three years (rather than four years) after the end of the case.
  • Sexual Abuse (SB 207/PA 99-0283): Makes it an aggravating factor in sentencing for certain sex offenses committed against a victim with an intellectual disability and the defendant holds a position of trust, authority or supervision in relation to the victim.
  • Statute of Limitations Suspensions for Sexual Assault Evidence Kits (HB 369/PA 99-0252): Tolls the statute of limitation period for charging a sex crime from the time evidence of a sexual assault is collected and submitted by a law enforcement agency until the completion of the analysis of the Illinois State Police.
  • Synthetic Drug Classification (SB 1129/PA 99-0371 – Sen. Kyle McCarter): Gives law enforcement a new tool in combating the sale, distribution and possession of synthetic drugs by banning their underlying chemical structure.

Continually Recognized for Our Successful Results

Continually Recognized for Our
Successful Results

The Law office of Louis M. Pissios has successfully handled many complex and high-profile cases in Illinois including everything from Driving Under the Influence Cases to Drug Cases to Murder Cases, and everything in between. We are in Lake County, Illinois and handle every case with the diligence necessary to get you the best results possible.

Our attorneys provide unparalleled legal representation to those who are facing serious criminal charges. We have extensive experience in all areas of Criminal Law. Our Firm has a reputation for providing top-notch, high quality representation.

We recognize that every person, and every criminal prosecution, is unique. We tailor our practice to the individual needs of each and every client. Our ethics, skill and knowledge will help you obtain the best possible results.

The lawyer you choose to represent you can affect the results of your case. Our legal defense team includes experienced private investigators, paralegals and translators. . We provide high quality, creative and thorough legal representation to each and every one of our clients. We are only as good as the results we obtain for our clients. Our greatest compliment comes from the fact that many of our former clients and other attorneys refer clients to us for representation.

You should not compromise your choice of an attorney. This may be one of the most important decisions that you ever make.

Police Car Search Legal in Illinois if They Smell Marijuana, So Why is There an Illegal Traffic Stop Here?

The Traffic Stop

State trooper stops Defendant on the highway for crossing the yellow line and following too closely. About 20 or 30 minutes into it, the tickets are written out and the trooper still has Defendant’s DL.

“Get Out”

But before giving Defendant the paper work and returning his DL, the trooper asks him to get out his truck. Also, he had called for the drug dog before getting him out of the car.

Trooper tells defendant that he smelled cannabis in the vehicle. He asked defendant to explain why he smelled cannabis. Defendant says that there was probably an odor of cannabis on his clothes. He also admitted that he had a “bowl” in the center console.

Why Did the Stop Take So Long?

Oh yea,  defendant was on the terrorist watch list. Cop had to make several calls to the feds and was working on confirming Defendant’s identity. The trooper knew, before he gets him out of the car, that the feds cleared Defendant.

What They Find?

Prior to the dog arriving, the trooper searched the truck and found a smoking device and a tobacco package with raw cannabis inside. The dog alerted to the presence of drugs at the back of the vehicle. The troopers pried open the tailgate and found four duffel bags containing 5,505 grams of marijuana.

Did the Trooper Really Smell Anything?

The trooper who stops defendant testified that he could smell a faint odor of cannabis when he first approached the truck. On the squad video he says, “When I was up there talking to him I thought I could smell an odor of burnt cannabis, not raw cannabis. I’m not certain the way the wind was blowing and stuff. I’m not going to call him out on that, and I am going to question him about it at some point. I am not going to use that as probable cause to search the vehicle. I’m not 100% sure about that.”

A second trooper testified that he only smelled a masking agent. Said it smelled like freshly sprayed deodorant. This trooper also had two separate conversations with Defendant. Each time Defendant denied having cannabis in the truck (this was before the get him out the car and he finally admits to the pipe).

Law

A seizure that is lawful at its inception may become unlawful under the fourth amendment if –

(1) the duration of the stop is unreasonably prolonged, or
(2) the officer’s actions during the stop independently trigger the fourth amendment.

See Illinois v. Caballes, 543 U.S. 405, 407-08 (2005).

An investigative stop that is lawful at its inception must cease once reasonable suspicion dissipates, unless there is a separate Fourth Amendment justification to prolong the stop.  See People v. Baldwin, 388 Ill. App. 3d 1028, 1033 (2009). “Mere hunches and unparticularized suspicions are not enough to justify a broadening of the stop into an investigatory detention.” People v. Ruffin, 315 Ill. App. 3d 744, 748 (2000).

A routine traffic stop may not be used as a subterfuge to obtain other evidence based on an officer’s suspicion.People v. Koutsakis, 272 Ill. App. 3d 159, 164 (1995).

Where a flyer or bulletin has been issued on the basis of articulable facts supporting a reasonable suspicion that the wanted person had committed an offense, reliance on that information justifies a stop to check identification, to pose questions to the person or to detain the person briefly while attempting to obtain further information. See United States v. Hensley, 469 U.S. 221, 232 (1985); see also People v. Ewing, 377 Ill. App. 3d 585, 593-94 (2007) (Hensley  principles apply to communications sent through dispatch). Evidence recovered during the course of a bulletin stop is admissible if the stop is not significantly more intrusive than would  have been permitted by the issuing department. Hensley, 469 U.S. at 233.

Analysis

Prolonging the Stop Means Illegal Traffic Stop

The record establishes that the trooper waited for approximately 23 minutes before dispatch reported back to him the Defendant was not wanted by the feds. Rather than returning his DL and giving him the tickets, at that point, the trooper gets defendant out of the truck. All of this was done 30 minutes into the stop.

The stop lasted an additional 22 minutes after tickets are written. It seems clear that the troopers prolonged the stop in an effort to obtain incriminating information from defendant.

What About Smell of Weed?

While the smell of burnt cannabis may be sufficient in some cases, in this case the arresting officer failed to supply the articulable facts necessary to support a fourth amendment intrusion.

Trooper testified that he thought he smelled burnt cannabis, but he was not sure. His statements on the videotape of the stop were consistent with his vague statements at trial. On the videotape, the trooper told the dispatcher that he thought he smelled an odor of burnt cannabis but was uncertain because of the way the wind was blowing.

The second trooper did not testify that he thought the “masking agent” was a sign of contraband. Second trooper then asks Defendant directly if he has marijuana. Defendant says no. At that point, any reasonable suspicion that may have been generated by first trooper’s uncertain smell dissipated.

Holding

These facts support only a hunch or suspicion of illegal activity. They do not give rise to a reasonable and articulable suspicion that defendant was trafficking cannabis. Thus, beyond the delay pursuant to the terrorist watch list issue, the troopers did not have an independent articulable suspicion to prolong the stop. The continued detention of defendant was a violation of his constitutional rights.

Lake County police departments looking to add body cameras

 

It’s not unusual for police officers to be filmed by people with cellphones during a traffic stop nowadays, but police throughout Lake County may be wearing body cameras to monitor interactions as soon as this fall in Round Lake Park, and other departments are not far behind.

From Round Lake Park to Round Lake and Mundelien to the Lake County Sheriff’s Office, municipalities and their police departments are moving ahead with body cameras.

“This is definitely the wave of the future and something that’s needed,” Lake County State’s Attorney Michael Nerheim said. “Body cameras are a type of evidence and the more evidence we have in any case the better.”

Gov. Bruce Rauner last week signed legislation that lays out the rules for police body cameras in Illinois, making it only the third state in the country to establish such rules, according to an Associated Press analysis. While it does not mandate body cameras, although there was legislation floated that would have done just that, it does specify how they will be worn, when they have to be turned on and how long the recordings must be kept as evidence.

It also established a grant program funded by a $5 addition to traffic tickets to help police departments buy the body cameras.

“They are going to be involved in every case, even misdemeanors,” Nerheim said. “You’re going to see footage on every single case.”

Nerheim said his office is working with the more than 40 police departments in Lake County on uniformity. If each department operated on a different system, that could pose a problem for his office, which would handle the recordings in court.

“It’s important we are part of the process,” he said.

Round Lake Park Police Chief George Filenko said if everything goes as planned his department will be ready to roll out the body cameras by mid September.

“It’s logical we’re doing this,” he said, “We decided this was the way to go.”

The village has purchased 6 4RE in-car systems with panoramic HD cameras and 13 VISTA HD body-worn cameras that have adjustable lenses so officers can adjust them according to their height. The total cost was approximately $57,000, which also includes a server and needed software.

For Patrol Officer Donna O’Brien, the body camera, which uses industrial strength magnets to hold it in place, is a good thing.

“I prefer them,” she said, “It’s good to have one more form of evidence to back up the truth.”

“I also think it’s good tool for training. I can review how I walked up to a vehicle during a traffic stop or person and see how I might of done it differently,” or see something that may have put her in danger, but she didn’t realize it at the time, she said.

“It will keep me on my toes, but I always act professionally,” she said.

Filenko said the response of his officers has not been “why do we need them,” but “when are we getting them.”

“In my opinion this is going to become standard, it may even be mandatory eventually,” he said. He knew two years ago they were going to need new squad car videos and he thought of incorporating the body cameras with that new system.

“It’s still not going to replace the human eye,” he said, but in the worse-case scenario, an officer involved shooting, “the more video the better,” said Filenko, who is in charge of the Major Crime Task Force that is called in to investigate those shootings.

Round Lake Police Chief Michael Gillette said his mayor and trustees wanted to get ahead of the curve and be pro-active. “I’m proud of the board and the mayor for letting us do that,” he said of their purchase of 15 FirstVu HD cameras from Kansas-based Digital Ally, at a cost of $13,800.

“We feel it’s a good tool for the officers to put together a solid case,” he said, “and of course it would be used in allegations of misconduct. I think they are really good tools.”

Bigger departments have bigger problems with figuring out the financing, but the Waukegan Police Department is “aggressively” researching different models, according to Cmdr. Joe Florip.

“We need to see what will work best (for the 80 patrol officers and 20 patrol cars). We’re excited as an organization to get body cameras. We think it’s best for our community and the police department,” he said.

“It’s priceless when it comes to a citizen complaint. There’s nothing like pulling up a video,” he said, noting that sometimes they can do that now from dash cameras and sometimes residents see their actions in a different light.

The Lake County Chiefs Association, headed by Highland Park Chief Paul Schafer, said they are getting more inquiries from other chiefs about body cameras. There still needs to be a lot of policy work, such as how to handle Freedom of Information requests, obscuring juvenile or witness faces from the video and other issues and having the personnel able to do that.

“There’s a lot of implementation with this new technology that the chiefs are taking a look at,” he said. They plan to have it on their agenda for the September meeting.

Other departments like Round Lake Beach are just starting to look into it, partly because of the funding mechanism included in the bill the governor recently signed. For some departments it would be hard to afford and they want to make sure they get the right equipment.

“We want it done right the first time,” said Police Chief Dave Hare. But he believes they will benefit police and the community.

“Transparency is a good thing for the community and body camera play into that,” he said

Illinois Supreme Court released 4 criminal law cases for March 2016.

 

Here are the top 13 criminal law cases from the Illinois court system for March 2016. The first 4 are from the Illinois Supreme Court. Number 4 was a victory for the defense at the lower level and the Illinois Supreme Court had something to say about that.

  1.  People v. Burns
    The “no-nights visits” rule is affirmed, can’t bring the sniffer dog to your front step for a little sniff action.
  2. People v. Bradford
    Prosecution no longer allowed to overcharge an ordinary retail theft to a burglary.
  3. People v. Clark
    Aggravated vehicular hijacking and armed robbery without a firearm are not lesser-included offenses of aggravated vehicular hijacking and armed robbery with a firearm.
  4. People v. Timmsen
    Apparently, the police can stop you for trying to legally avoid a roadblock.
  5. People v. Abram
    Officers approach defendant who was sitting in his car he then, to say the least, ensues in outright flight.
  6. People v. Smith
    This trial judge was overruled; there is nothing unconstitutional about requesting citizen’s to roll up their sleeves.
  7. People v. Thompson
    Some of the State’s remarks relied on questionable advocacy, but did not rise to the level of clear and obvious error.
  8. People v. Meuris
    In a leaving the scene of an accident prosecution the State must not only prove that Defendant knew he was involved in an accident but also that another person was involved.
  9. People v. Weinke
    Reviewing court says ASA exaggerated the severity of victim’s condition and misled the court as to the source and timing of her information in order to pressure the court into granting a quickie deposition.
  10. People v. Tayborn
    Trial counsel was ineffective for not challenging defendant’s confession given without Miranda warnings.
  11. People v. Little
    Cigarette break is not a sufficient amount of time to remove the taint of the original Miranda violation.
  12. People v. Gray
    These drug officers were themselves charged with distributing narcotics and Defendant was not told about the investigation before he plead guilty to his own drug charges.
  13. People v. Fulton
    In a charge of armed habitual criminal the same conviction can be used as one of the predicate offenses as well the predicate to the UUW Felony conviction that may be being used.

his is what the Illinois court system was up to in February of 2016.

This is what the Illinois court system was up to in February of 2016. Here are the 9 best and worst cases. The last one is the one the prosecution doesn’t want you to know about.

  1. People v. Boston
    Sloppy grand jury work by State’s Attorney does not prejudice defendant. Go to case.
  2. People v. Ligon
    Many objects can qualify as dangerous weapons for purposes of aggravated vehicular hijacking, but not as to armed violence.  In other other words, list of bludgeons is greater for AVH and smaller for armed violence. Go to case.
  3. People v. Zayed
    Smell of cannabis does not give this officer a free pass to search this passenger because the officer crossed the line by whipping out the defendant’s penis and essentially conducting an unreasonable strip search.  Go to case.
  4. People v. Jarvis
    The visual examination of defendant’s buttocks might have exposed defendant’s anus. Nonetheless, any search for the “person” authorizes a strip search. Go to case.
  5. People v. Little
    This DWLR conviction stands because the police officer didn’t need proof of every element of the crime he was investigating. The stop with limited information was good. Go to case.
  6. People v. Buschauer
    The trial court’s finding was against the manifest weight of the evidence in that a reasonable person in would have felt free to leave at any point during the interrogation. Trial court just can’t ignore the factors that weigh against coercion. Go to case.
  7. People v. Harrison
    This force blood draw was not suppressed because it was done before the McNeely decision and binding precedent was in place. Good faith exception applies. Go to case.
  8. People v. Moore
    Lost photo arrays were not done in bad faith, so no due process violation occurred. The proper remedy for this discovery violation was to grant Civil Jury Instruction 5.01. Go to case.
  9. People v. Nibbe
    Second degree murder conviction is vacated outright because a blow with a bare hand is not ordinarily contemplated to cause death.  Go to case.
  10. People v. Pmulamasaka
    This rape is overturned, in large part, because the State committed and the trial judge allowed gross prosecutorial misconduct. Among the list of error committed by the prosecution two stand out. He repeatedly argued the victim was mentally handicapped when there was no such evidence, and he sat in the witness box during closing argument. Go to case.

Couple seek to have convictions thrown out, cite corrupt Chicago cop

Couple seek to have convictions thrown out, cite corrupt Chicago cop

Ben Baker had long been a thorn in the side of corrupt Chicago police Sgt. Ronald Watts, who framed the part-time drug dealer on a narcotics charge in retaliation for refusing to pay a protection payoff of $1,000, court records show.

While Baker was on bond awaiting trial in December 2005, he and his wife, Clarissa Glenn, were stopped by Watts and one of his team members. Once again, the officers claimed they found a bag of heroin in Baker’s car and tagged the couple with major felony drug charges, according to the court records.

Faced with up to 15 years in prison and frightened that their young children would be left without parents, the couple copped deals with prosecutors in order to spare Glenn from prison. Baker, though, had an additional two years tacked on to his sentence for the other drug case — a total of 14 years behind bars.

Now Baker and Glenn are seeking to have those guilty pleas thrown out, claiming in a court filing last week that Watts had planted the heroin — this time as retribution for blowing the whistle on him. Watts had been tipped off that Baker had gone to the Chicago police internal affairs division about his earlier shakedown, records show.

To buttress their claim, the couple has produced court records that show the judge who took their guilty pleas in September 2006 was already aware that Watts’ crew was under investigation, according to the petition filed in Cook County Criminal Court.

In fact, Judge Michael Toomin told the couple that if the allegations were ever proved, they could come back to court and he would gladly throw out their cases.

The court filing marks the latest fallout over the corrupt squad led by Watts, who in 2012 was charged along with one of his underlings, Officer Kallatt Mohammed, with shaking down a drug courier who turned out to be an FBI informant. Both were convicted and sentenced to federal prison.

Baker was freed in January after serving more than a decade of his 14-year sentence. Cook County prosecutors agreed to drop the original drug charge against him after his lawyer, Joshua Tepfer, revealed dozens of pages of court and law enforcement records showing that police internal affairs had been aware as far back as the late 1990s of corruption allegations involving Watts’ team — yet failed to take them off the street.

At the time of Baker’s arrest, Watts and his entire crew also were the target of an ongoing FBI investigation, according to records uncovered by Tepfer, of the Exoneration Project at the University of Chicago Law School. One FBI report from September 2004 showed that an informant had told federal agents that Watts and other officers were routinely shaking down drug dealers for thousands of dollars in cash in exchange for police protection at the Ida B. Wells public housing complex.

But it wasn’t until five years later that agents were able to build a criminal case against Watts and Mohammed, based in part on the undercover work of two whistleblower officers, Shannon Spalding and Daniel Echeverria.

Tepfer told the Tribune on Friday that the latest filing shows how Watts and his crew were able to terrorize a community for years with their illegal schemes, using their police powers to keep the largely poor and vulnerable people who lived in Ida B. Wells in line.

“These cases were brought by vindictive and corrupt police officers who were framing individuals for things that they did not do,” Tepfer said. “(Baker and Glenn) are likely just the tip of the iceberg when it comes to victims of the decadelong criminal enterprise headed by Sgt. Watts.”

The experience was particularly rough on Glenn, a churchgoing mother of three who had never been arrested before and has not been since, according to her lawyer, Jonathan Brayman.

“Every step of the way, Clarissa has told anyone who would listen that she and Ben were innocent,” he said.

According to the petition, Baker and Glenn were stopped by Watts and Officer Alvin Jones on Dec. 11, 2005. Jones claimed in police reports that as he walked up to the car he saw Glenn hand a clear plastic bag filled with heroin to Baker, who put it in the driver’s-side console.

But Baker and Glenn claimed Watts had pulled the bag out of his sleeve and placed it in the car after a search had turned up no drugs. Back at the Wentworth District police station, Jones and several other members of Watts’ team typed up a false report, adding officers as witnesses who weren’t even at the scene, the couple alleged.

Before the couple pleaded guilty, Judge Toomin acknowledged in court that he had been shown reports that indicated Watts’ crew had been under investigation by internal affairs and that a prosecutor with the state’s attorney’s office’s public integrity unit was involved. But there had been no concrete evidence of wrongdoing and no move by prosecutors to drop the charges, so the judge said he couldn’t do anything with the information, according to a transcript.

“Let me say this to both of you,” Toomin told Baker and Glenn, according to a transcript. “There has not been sufficient showing to me that these are renegade police officers, that they are bad police, that they are outlaws.”

But, Toomin said, “police officers do get charged with doing things that are wrong, breaking the law.”

“If that should happen here in this case, I would have no hesitation,” the judge said. “I would toss out these convictions.”

reckless homicide and aggravated driving under the influence of alcohol

A Mundelein woman has pleaded not guilty to reckless homicide and aggravated driving under the influence of alcohol in a fatal crash last year in Libertyville.

Officials said Amanda Auld was driving a vehicle that crashed on Harris Road in Libertyville on March 7, 2015. A passenger in the vehicle was killed in the crash.

Auld, who was not indicted until this year, was arraigned on the charges Thursday before Judge Christopher Stride.

Strike said, if convicted, Auld faces a mandatory prison sentence of three to 14 years unless a judge determines there are extraordinary circumstances that warrant probation.

Police body camera

A sweeping set of new regulations regarding police body cameras is aimed at addressing recent controversies over use of force and standardizing practices across the state.

Police departments would not be required to use the cameras, but now there will be statewide rules for those that do. Chiefly, officers will have to keep their cameras on when conducting law enforcement activities but could turn them off when talking to a confidential informant, or at the request of a victim or witness. Intentionally turning off cameras outside the exceptions could result in a charge of official misconduct.

Recordings generally will not be subject to the state’s open records law, however, unless they contain potential evidence in a use-of-force incident, the discharge of a weapon or a death.

To help pay for the body cameras, the state will charge an extra $5 fee on criminal and traffic offenses that result in a guilty plea or conviction. The money also will bolster an expanded training program that includes topics like use of force. In addition, the law bans the use of choke holds, creates a database of officers who have been fired or resigned because of misconduct and requires an independent investigation of all officer-involved deaths. Also, a special prosecutor can be requested if there is an apparent conflict of interest.

Since 1988, firm founder and criminal defense lawyer Louis M. Pissios

Since 1988, firm founder and criminal defense lawyer Louis M. Pissios has been a dynamic and leading advocate for the preservation and protection of constitutional rights—before, during, and following an arrest—as well as the defense of formal criminal charges.

The pursuit of a successful defense strategy, coupled with one-on-one client interaction, has been the hallmark of our practice throughout the past forty years. Our firm is the choice for people seeking cutting edge criminal defense representation that is both personalized and high quality. Guided by the philosophy that the situation of every person facing criminal charges is unique, we tailor our defense strategies to the facts and circumstances of each case, as they apply to the law, in order to attain the best possible results for our clients. A creative and intensive approach to criminal charges can make a big difference in your case’s results, as does the lawyer you choose to represent you.

He would be more than happy to discuss your situation at a meeting in our offices, advise you of the costs involved, and provide you with valuable and practical advice on how best to address the accusations. From DUI charges or violent offenses to crimes related to theft or traffic, or even expunging your criminal record, there is no case too large or too small. In your free consultation, you will learn that our attorneys are not judgmental; instead, we have the utmost respect for your privacy and dignity. All contacts and conversations are strictly confidential, and we accept phone calls 24 hours a day, 7 days a week.

We care about our clients and understand the anguish and stress that a person charged with a crime experiences. Being charged with a crime is a nightmare, not just for the individual charged, but for his or her family as well. We will guide you through the legal process, answer your questions, and provide you with the highest quality representation. We welcome you to compare our reputation, experience, and results with that of any criminal defense lawyer. Our professionalism and skill help us to obtain the best results and satisfaction for our clients.

We provide representation to individuals facing criminal charges in Lake County, and McHenry County. Please call us at (847) 263-0001 or email him directly at lawyerlou@sbcglobal.net Our lawyers will answer your questions and take time to ensure that you feel comfortable in fully understanding your rights, your options, and the consequences of your decisions.