Yearly Archives: 2016

FIGHTING THE POLICE SEARCH OF YOUR COMPUTER

Under the Fourth Amendment, police must generally obtain a warrant before they can search your property. However, there are exceptions such as where you consent to the search. But let’s say, the police tell you they are looking for one … Continue reading

Posted in computer, consent, search, warrant | Leave a comment

2016 UPDATE ON COURTHOUSE CELL PHONE RULES

After some confusion resulting from the recent removal of cell phone lockers at the George N. Leighton Criminal Courthouse, it seems like a good time to review the rules. Cook County first implemented its courthouse cell phone ban in 2013. … Continue reading

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FRUIT OF THE POISON TREE: STATEMENTS FROM AN ILLEGAL ARREST

Under the Constitution, police have to operate by law before they can deprive you of liberty or property. If your initial stop or arrest is illegal, then the poison fruits of that stop or arrest cannot be used against you … Continue reading

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YOUR MIRANDA RIGHTS APPLY TO MORE THAN WORDS

We all know from TV that police are supposed to read you your rights—also known as Miranda warnings—after they take you into custody but before questioning begins. According to a recent Illinois appellate court decision, the term “questioning” can mean … Continue reading

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HOW RELIABLE IS EYEWITNESS TESTIMONY?

HOW RELIABLE IS EYEWITNESS TESTIMONY? Illinois Courts were originally cautious about allowing experts to testify about the reliability of eyewitness testimony. But as a recent Illinois Supreme Court case noted “advances in DNA testing have confirmed that ‘eyewitness misidentification is … Continue reading

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CAN YOU REFUSE TO GIVE A DNA SAMPLE IN AN ILLINOIS CRIMINAL CASE?

Generally, the answer is yes. Under Illinois case law, extracting your DNA is a search within the Fourth Amendment. Therefore, police must have either a warrant or probable cause before forcing you to submit it. Otherwise, you may voluntarily refuse … Continue reading

Posted in arrest, DNA evidence, evidence, search and seizure | Leave a comment

THEFT OF STOLEN PROPERTY IN ILLINOIS

In Illinois, you can be charged with theft of stolen property if you obtained control over stolen property knowing it to have been stolen, or under such circumstances as would reasonably induce you to believe that the property was stolen. … Continue reading

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CAN I BE CONVICTED ON MORE THAN ONE CHARGE FOR THE SAME OFFENSE? THE “ONE-ACT, ONE-CRIME” DOCTRINE IN ILLINOIS

When you were arrested, the prosecutor may have filed several charges against you. You didn’t know so many crimes could come out of the same set of circumstances. Can you be convicted on all of them? Under Illinois law, you … Continue reading

Posted in criminal offenses, lesser included offense, one-act one-crime | Leave a comment