Author Archives: admin

SEARCH INCIDENT TO ARREST: HOW FAR CAN IT GO?

When police arrest you, they are permitted to make a search incident to the arrest. But the search must still be within certain limits. How far a search may go is fact specific, and different judges may see the circumstances … Continue reading

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WHAT IS A DATING RELATIONSHIP UNDER ILLINOIS DOMESTIC BATTERY LAW

You recently got into a fistfight with your ex-significant other. The police arrived and now you have been charged with domestic battery. But your relationship ended some time ago. Is it still domestic battery? The answer is yes. A recent … Continue reading

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MY FRIEND JUST OVERDOSED. WILL I GET ARRESTED IF I CALL FOR HELP?

You are at a party doing some opioids or methamphetamines when one of your friends becomes unresponsive. You are afraid if you will be arrested if you call for help. But if you don’t, your friend may die. What should … Continue reading

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DO YOU HAVE A RIGHT TO KNOW THE LOCATION OF POLICE SURVEILLANCE AGAINST YOU IN ILLINOIS?

Recently, you were charged with selling drugs. The police say you were under surveillance, and they caught you in the act. Something about this doesn’t seem right. Where was this surveillance located? The state doesn’t want to tell. Do you … Continue reading

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COOK COUNTY DRUG SCHOOL FALLS TO BUDGET AXE

Cook County has been in financial trouble for quite some time. Whether the soda tax was really levied to discourage obesity or to raise money, the county was pressured to repeal it, costing the county some much-needed funds. As a … Continue reading

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DID I CONSENT TO A SEARCH? THE VOLUNTARY CONSENT EXCEPTION TO THE WARRANT REQUIREMENT IN ILLINOIS

When the police knocked at your door, your roommate opened the door. The police walked in, spotted some contraband and now you are under arrest. Did your roommate consent to the search? The Fourth Amendment requires that police obtain a … Continue reading

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WHAT IS AGGRAVATED IDENTITY THEFT IN ILLINOIS?

In Illinois, you can be charged with identity theft if you knowingly use another’s personal identifying information to fraudulently obtain credit, money, goods, services or other property. If that other person is over  age  60, your charge can be upgraded … Continue reading

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CAN THE POLICE LIE TO GET YOUR CONSENT TO A SEARCH?

Under the Fourth Amendment, police may only search your home if they have a warrant. However, there are exceptions to this requirement. One exception is that you consented to the search. But what if your consent was based on an … Continue reading

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WHAT IS THE DIFFERENCE BETWEEN MURDER AND MANSLAUGHTER IN ILLINOIS?

The answer is in your state of mind. Murder may be committed intentionally or knowingly, whereas manslaughter involves unintentional, if reckless, behavior. In Illinois, first degree murder means you intended to kill or do great bodily harm to someone, or … Continue reading

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CAN ILLINOIS POLICE STOP ME JUST BECAUSE I HAVE A GUN?

Updated 12/16/19 The answer is probably not. On September 12, 2013, the Illinois Supreme Cort in People v. Aguilar partially struck down the law that barred possession of a handgun for self-defense outside the home. Thus, the mere fact you have … Continue reading

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