Category Archives: evidence

CAN EVIDENCE THAT AN OFFICER SAID “FELL OUT OF MY POCKET” BE USED AGAINST ME?

You were walking through a back alley when the police officer stopped you. In the police report, the officer claims that a packet of drugs or an illegal weapon simply fell out of your pocket. That simply didn’t happen, but … Continue reading

Posted in dropped evidence, dropsy testimony, evidence | 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

WHAT IS A DEFENSE TO FELONY MURDER?

Under the Illinois felony murder law, you can be convicted of first degree murder if you kill another person without lawful justification while committing a forcible felony other than second degree murder. A forcible felony includes offenses such as aggravated … Continue reading

Posted in evidence, felony murder, first degree murder, intent | Leave a comment

CHAIN OF CUSTODY IN ILLINOIS

After a search of your home or car, the police find a bag of something illegal. How can you be sure that the bag from your arrest is the same bag produced at trial? If you watch police shows, you … Continue reading

Posted in chain of custody, evidence | Leave a comment

YOUR SPOUSE CAN’T TESTIFY AGAINST YOU EXCEPT IN CERTAIN CIRCUMSTANCES

You’ve undoubtedly seen TV or movies where the criminal marries so their husband or wife can’t spill the beans. To a certain extent, Illinois evidence rules do recognize a marital privilege. Your spouse cannot be forced to testify against you, … Continue reading

Posted in evidence, spousal privilege | Leave a comment

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

Posted in drug dealing, evidence, narcotics offenses, surveillance | Leave a comment

POLICE MUST VIDEOTAPE MURDER INTERROGATIONS IN ILLINOIS

Illinois law requires that police videotape anytime they question you about murder charges provided that you are in custody. If police fail to record the entire interrogation, a judge may throw out any statements you made even after the tape … Continue reading

Posted in confession, evidence, murder, videotaping interrogation | Leave a comment

CAN MY PAST SEXUAL OFFENSES BE USED TO PROVE A CURRENT CRIME IN ILLINOIS?

Past crimes generally cannot be used to prove a current offense except under certain circumstances. One major exception, however, is that Illinois law specifically allows the use of prior sex offenses to show a tendency to commit that type of … Continue reading

Posted in evidence, past crimes evidence, sex crime, sex offense | Leave a comment

EXPERT DISCREDITS EYEWITNESS TESTIMONY IN MURDER TRIAL

In March, 2016, we blogged on an Illinois Supreme Court case that opened the door to allowing experts to dispute the reliability of eyewitness testimony. (See How Reliable is Eyewitness Testimony?). Because of that case, People v Lerma, such an … Continue reading

Posted in evidence, eyewitness testimony | Leave a comment

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