Author Archives: admin

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

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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

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CAN POLICE SEARCH YOUR COMPUTER?

The police are at your door. A neighbor complained about a disturbance and they came to investigate. You figure you have nothing to hide in your home so you consent to the search. But you do have something to hide—only … Continue reading

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NEW ILLINOIS LAW REQUIRES POLICE BODY CAMERAS AND OTHER IMPROVEMENTS

We’ve said it before, and we’ll say it again. The vast majority of police are good people trying to do a difficult job in community service. Unfortunately, the recent epidemic of unjustifiable police killings have spotlighted more than a few … Continue reading

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CRIMINAL TRESPASS TO STATE SUPPORTED LAND IN ILLINOIS

A special Illinois statute makes trespassing on state-supported land a criminal offense. What exactly does that mean? What can happen to you? You can be charged with a Class A Misdemeanor if you enter or stay on land supported by … Continue reading

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2015 UPDATES TO ILLINOIS CONCEALED CARRY LAW

Illinois has tweaked its Concealed Carry law for the first time since its passage in 2013. Under the revised law, if you are carrying a firearm in an auto, police or emergency personnel may secure the weapon if they deem … Continue reading

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THE OFFICER WAS WRONG ABOUT ILLINOIS LAW! CAN HE STILL ARREST ME?

The police are charged with enforcing the law. But what if they misunderstand that law? What if the officer stops you based on his or her mistaken belief about what the law really means? Will a judge allow the evidence … Continue reading

Posted in arrest, mistake of law, search and seizure, traffic stop | Leave a comment