Author Archives: admin

STUN GUNS FALL WITHIN SECOND AMENDMENT PROTECTIONS

A recent U.S. Supreme Court case overturned a Massachusetts law banning stun guns. In Caetano v Massachusetts, the defendant obtained a stun gun in order to defend herself against an abusive boyfriend. The U.S. Supreme Court rejected the state’s arguments … Continue reading

Posted in . possession of weapons, firearms, guns, stun guns, weapons | Leave a comment

CAN POLICE PROVE THE WEAPONS ARE MINE?

Updated October 4, 2017: You were visiting a friend when a police raided his home. In the raid, police found some ammunition or other weapons. You have a criminal record and are not allowed to possess these items. Can the … Continue reading

Posted in actual possession, ammunition, constructive possession, contraband, weapons | Leave a comment

WHO IS A HOUSEHOLD MEMBER UNDER ILLINOIS DOMESTIC BATTERY LAW

In Illinois, the offense of domestic battery requires that you have caused bodily harm or made insulting or provoking contact with any family or household member. But what is a family or household member? A blood relative or a spouse … Continue reading

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EXTRADITION TO ILLINOIS: THE UNFINISHED CRIMINAL CASE

With ever-expanding access to information, police in one state can easily learn about any criminal charges you have open in another state. And that can lead to extradition. Extradition means you could be arrested in your current state and brought … Continue reading

Posted in extradition, failure to appear, violation of sentence | Leave a comment

ILLINOIS STALKING AND CYBERSTALKING LAWS DECLARED UNCONSTITUTIONAL

A recent Illinois appellate court has declared both Illinois’s stalking and cyberstalking laws unconstitutional because they lack the element of intent. The Illinois stalking statute made it a crime to knowingly engage in conduct that would cause a reasonable person … Continue reading

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MORE THAN WORDS REQUIRED: AGGRAVATED ASSAULT TO AN OFFICER IN ILLIOIS

In Illinois, you can be charged with aggravated assault if you knowingly and without authority cause someone that you knew was a police officer performing their official duties to reasonably fear that you were going to cause them bodily harm. … Continue reading

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HOW LONG CAN I BE PROSECUTED FOR A CRIME IN ILLINOIS?

Years ago, you did something illegal. Maybe you sold some drugs or you stole a designer dress. Now you wonder if your past could catch up with you. How long does the prosecution have to bring charges? The answer depends … Continue reading

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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

Posted in cell phone, court rules, court security | Leave a comment

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

Posted in arrest, coercion, fruit of the poison tree, Miranda rights, motion to suppress, suppress statements | Leave a comment