Author Archives: admin

ILLINOIS COURT FINDS ARREST BASED ON CHICAGO POLICE INVESTIGATIVE ALERT UNCONSTITUTIONAL

(UPDATE: On April 15, 2021, the Illinois Supreme Court in People v. Bass vacated the Appellate court’s decision below regarding investigative alerts. In doing so, the Supreme Court still found that the stop violated the Fourth Amendment because it was … Continue reading

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CAN POLICE SEARCH THE HALLWAY OF YOUR APARTMENT BUILDING?

The Fourth Amendment guarantees citizens the right to be free from unlawful searches. Therefore, an officer cannot enter your home without a warrant unless some exception to the warrant requirement—such as consent—exists. Court have also recognized that a certain area … Continue reading

Posted in curtilage, illegal search, search and seizure | Leave a comment

ILLINOIS ACCOMODATION FOR DEAF PRISONERS

For the deaf, imprisonment can be especially isolating and punitive. Inmates may literally have no one to talk to. As a result of a federal class action law suit, Illinois agreed to accommodate prisoners with hearing disabilities. Among its terms, … Continue reading

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CAN YOU BE CHARGED WITH UNLAWFUL USE OF A WEAPON WHEN YOU ACTED IN SELF DEFENSE?

You were visiting family when things got crazy. One drunken relative started beating their spouse so you grabbed the family gun to put a stop to it. But since you didn’t have a gun license, the police arrested you on … Continue reading

Posted in necessity defense, self defense, unlawful use of a weapon, UUW | Leave a comment

CAN I SHOW MY TATTOOS AT TRIAL WITHOUT HAVING TO TESTIFY?

Let’s say you have been arrested based on an eye witness’s identification. The witness, however, is mistaken, and you can prove it by showing that you have physical characteristics missing from the witness’s description. For a number of reasons, your … Continue reading

Posted in physical evidence, self incrimination, tattoo, testimony | Leave a comment

CAN YOU SUPPRESS INCRIMINATING STATEMENTS MADE AT AN ARREST?

When the police came after you, you said some foolish things that you wish you could take back. Is there a way? The answer may turn on the exact moment you were legally under arrest. Generally, you are under arrest … Continue reading

Posted in arrest, confession, illegal arrest, incriminating statements, miranda warnings, motion to suppress, self incrimination, suppress statements | Leave a comment

CAN YOUR SPOUSE BE FORCED TO TESTIFY AGAINST YOU IN ILLINOIS?

You’ve seen the movie. The leading man’s girl knows too much about the crime. The solution: Get married! Then, she can’t be forced to testify. But is that how it works in real life? For the most part, the answer … Continue reading

Posted in evidence, marital privilege, spousal privilege, spousal testimony | Leave a comment

IS PROTECTING MY PROPERTY A DEFENSE TO DOMESTIC BATTERY?

During a break-up, your now ex-girlfriend refused to give you your iPhone. She taunted you by threatening to drop it into a sink full of water, so you grabbed her and yanked it out of her hand. Now you are … Continue reading

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ILLINOIS BATTERY TO A CHILD: WHEN DOES SPANKING GO TOO FAR?

At what point does a parent’s right to discipline his or her child turn into a felony? Under Illinois law, parents who believe in corporal punishment may use it to discipline their children as long as such punishment is necessary … Continue reading

Posted in aggravated battery, battery, child abuse, child discipline, spanking | Leave a comment

THE CRIME OF FORGERY IN ILLINOIS

You altered a check made payable to your girlfriend, or you used her digital signature to get at her funds. Or maybe you used counterfeit money to pay for an expensive TV. Now you are charged with forgery. What is … Continue reading

Posted in counterfeit, digital signature, felony forgery, forgery | Leave a comment