SEARCH INCIDENT TO ARREST: HOW FAR CAN IT GO?

Posted on February 12, 2018 by admin

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 differently. Generally, subject to certain exceptions, an officer may search for weapons in the area within a defendant’s reach to ensure the officer’s safety. The officer may also search the defendant’s person to prevent destruction of the evidence. A warrantless search incident to arrest may be performed even if the defendant is in handcuffs.

Illinois cases have permitted a search under a bed or in a pile of clothes within the defendant’s immediate control. However, the Illinois Appellate Court struck down a search above a bathroom’s ceiling tiles where the defendant was arrested in a separate room and the bathroom was not within his immediate reach, even though it looked like there might have been tampering with the tiles. See People v Franklin.

If you have been arrested, contact an experienced criminal law attorney immediately. An experienced attorney can review your case for your best possible defense. If the officer exceeded his or her authority during the search, an attorney may be able to petition the court to suppress the results of the search.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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WHAT IS A DATING RELATIONSHIP UNDER ILLINOIS DOMESTIC BATTERY LAW

Posted on February 2, 2018 by admin

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 Illinois Supreme Court decision held that the domestic battery law places no time limit on a dating relationship. (See People v Gray).

In Illinois, a person commits domestic battery if he or she knowingly, without legal justification and by any means, causes bodily harm to or makes insulting or provoking physical contact with any family or household member. A family or household member includes persons who have or have had a dating or engagement relationship. This definition does not include a casual acquaintanceship or ordinary fraternization between two people in a business or social context. But it can include your ex-partner from several years ago.

If you have been charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Perhaps you never you were just friends with the alleged victim, or you acted in self defense. Even if the evidence against you is overwhelming, an attorney who is respected in the court house may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

See also: Illinois Domestic Battery Law.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

Posted in dating relationship, domestic battery, domestic violence | Leave a comment

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

Posted on January 26, 2018 by admin

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 you do?

This very dilemma has caused many unnecessary deaths. As of 2012, Illinois law fortunately offers some immunity to those seeking emergency care for themselves or another during an overdose. Under these circumstances, you may not be charged with possessing a controlled, substance if the evidence against you was discovered because you sought emergency help in good faith, and the amount of the substance was within certain limits. (See Overdose; limited immunity from prosecution).

A recent Illinois appellate decision, People v Teper, however, allowed the state to prosecute a woman who received emergency aid during an overdose. The court held that immunity applies to evidence acquired as a result of seeking medical assistance. In this case, the defendant had not called for help but was unconscious when police arrived after reports that a woman was slumped in her car. The police saw drug paraphernalia in the car before inferring that an overdose had occurred.

If you have been charged with a crime, contact an experienced criminal law attorney immediately. An experienced attorney can review your case for its best possible defense. Maybe the overdose law protects you. If so, an attorney can petition the court in the hope of getting your case dismissed. Even if you don’t qualify for immunity and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to obtain a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

Posted in emergency drug help immunity, methamphetamine, opioid, overdose | Leave a comment

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

Posted on January 9, 2018 by admin

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 have a right to know?

The state’s right to withhold information about the officers’ location is known as the surveillance location privilege. Whether you have a right to know can be decided on a case to case basis. Your right to know may also depend on the timing of the proceedings in your case. For example, you may have a greater right to know at trial, than you do at a pretrial hearing.

To determine if the privilege applies, the court must balance your need to prepare your defense against the state’s need to keep the location secret. The state may argue that the location is useful, and its disclosure would compromise other investigations. The court considers the crime charged, the importance of the officer’s testimony and your possible defenses. If the officer is the sole witness, your right to know his or her location becomes critical. On the other hand, if the officer is corroborated by video or other sources, the court may deny your right to know.

If you have been charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Most crimes require the state to prove you guilty beyond a reasonable doubt. An attorney can look for weaknesses in the state’s case and if necessary, fight their attempts to withhold critical information from your defense.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

Source: People v Flournoy.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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

COOK COUNTY DRUG SCHOOL FALLS TO BUDGET AXE

Posted on December 28, 2017 by admin

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 result, certain programs—including the Cook County Drug Court Treatment program—were cut.

Drug school was offered as an alternative if you were charged with a drug-related offense. After attending four weekends of classes, the charges against you would be dismissed. But with the program’s closure, this is no longer an option.

Instead, you may still be offered a deferred prosecution for a drug offense. This means if you comply with certain conditions for a set time, the charges may still be dropped. However, obtaining a deferred prosecution is not as clear-cut as being sentenced to drug school. It may be harder to qualify and more difficult to negotiate the terms. In this regard, an experienced criminal law attorney can help.

If you have been charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Perhaps the police lacked probable cause to stop you Even if the police acted properly and the evidence against you is overwhelming, an attorney who is respected in the court house may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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

Posted on December 22, 2017 by admin

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 warrant before searching your home unless an exception to the warrant requirement exists. One exception involves the need to give emergency aid, for example, if someone inside the home is injured. The police may enter if they have a reasonable basis to connect the emergency with your home.

The police may also search if they obtain voluntary consent. The consent must be given without any coercion, expressed or implied, and must not be the result of any intimidation or deception. The court may determine whether you gave consent on the totality of the circumstances and on a case by case basis. If you open the door and say, “Check it out,” the police likely have consent for the search. If you instead slam the door shut and the officer kicks it open, then no consent was voluntarily given.

In People v Swanson. police arrived at a DUI defendant’s home when investigating a report about a disoriented person. Defendant’s wife opened the interior door but only briefly opened the storm door in order to better communicate with police. The officer then pushed open the door and entered. The wife repeatedly told officers that she and her husband did not need help. The court held that this was not voluntary consent, and thus the evidence from the search could not be used.

If you are arrested for a crime, contact an experienced criminal law attorney immediately. An experienced attorney will review your case for its best possible defense. If the police acted illegally, an attorney may petition the court to throw out the evidence obtained from the illegal behavior. Even if the police acted lawfully and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to obtain a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

Posted in consent, exception to warrant, search and seizure, warrant | Leave a comment

WHAT IS AGGRAVATED IDENTITY THEFT IN ILLINOIS?

Posted on November 23, 2017 by admin

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 to aggravated identity theft. (See Illinois Identity Theft statute.) Aggravated identity theft also includes using another’s identity to further an organized gang’s activities.

Identity theft is also classified according to the amount of money involved. The classes range from a Class 4 felony for less than $300 to a Class X felony where more than $100,000 is involved.

As with most crimes, the state must prove all elements of the offense beyond a reasonable doubt. A recent Illinois case looked at the definition of “another person.” In People v Bensen, the defendant served as a secretary for an 80-year old man, who had given her a credit card for company expenses. Defendant then charged thousands of dollars for personal expenses which the employer unwittingly paid. Defendant was convicted of aggravated identity theft. On appeal, she argued that she did not use the personal identifying information of “another person” since the company card was in her name. The court agreed. Because defendant did not represent herself as someone else, her conviction was reversed.

If you have been charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Does the state have the evidence they need to prove your offense? Even if the evidence against you is overwhelming, an attorney who is respected in the court house may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

Posted in aggravated identity theft, identity theft | Leave a comment

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

Posted on November 7, 2017 by admin

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 officer’s lie?

The Illinois Appellate Court held that the end does not justify the means where an officer told a defendant that he would go to jail unless he agreed to a search. Consent to a search must be voluntary. To determine if your consent was voluntary, the court looks at all the circumstances. Important factors can include if you initially refused the consent and if the officer lied.

In People v Wall, the officer induced the defendant to return home from work by saying he was investigating a possible break-in. Once home, the defendant asked if the officer had a search warrant, which the court interpreted as refusing consent. The officer then told defendant he would go to jail if he did not consent to the search, but if he consented, he would not go to jail. All statements were false. Therefore, the court suppressed the results of the search.

If you are charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. If the police acted illegally, an attorney may petition the court to throw out the results of any improper police conduct.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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WHAT IS THE DIFFERENCE BETWEEN MURDER AND MANSLAUGHTER IN ILLINOIS?

Posted on October 27, 2017 by admin

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 you knew that your actions would cause or were highly likely to cause death or great bodily harm to another. 720 ILCS 5/9-1. First degree murder also includes a killing that occurs while commiting a forcible felony other than second degree murder. First degree murder has its own set of sentencing rules including the potential for the death penalty.

Second degree murder is like first degree murder with mitigation. Either you were acting under a sudden and intense passion because you were seriously provoked by the person you intended to kill, or you unreasonably believed you were defending yourself or another. 720 ILCS 5/9-2. Second degree murder is a Class 1 felony, punishable by 4 to 15 years in prison.

Involuntary manslaughter involves unintentional killing where your actons, even if lawful, were reckless and likely to cause death. 720 ILCS 5/9-3. If your actions involved a vehicle such as a car, snowmobile or boat, you may then be charged with reckless homicide. Both offenses are a Class 3 felony, punishable by 3 to 7 years in prison.

In certain circumstances, reckless homicide can be upgraded to a Class 2 felony, such as if you went speeding through a school zone and killed two or more people.

If you have been charged with murder or manslaughter, contact an experienced criminal law attorney immediately. In many cases, the state charges a higher offense than is warranted by the evidence. In a best case scenario, an attorney can present your case in hopes of winning your acquittal. But even if the evidence is overwhelmingly against you, an experienced attorney may help obtain a verdict or negotiate a plea agreement for a lesser offense.

If you have been charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its possible defense. If police did not have a valid reason to stop you, an attorney may be able to ask the court to suppress the evidence from your arrest. Even if the police acted properly and the evidence against you is overwhelming, an attorney who is respected in the court house may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

Posted in first degree murder, involuntary manslaughter, manslaughter, murder, second degree murder | Leave a comment

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

Posted on October 13, 2017 by admin

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 a gun in your possession, without more, is not enough cause for police to stop you.

In a recent appellate case, People v Thomas, police received a tip that the defendant had a gun. The tip did not inform police whether defendant was involved in other criminal activity or whether defendant lacked a valid Firearms Owners Identification card. The gun ban was in effect at the time of defendant’s arrest. However, the law had since been declared unconsitutional and could no longer serve as a basis for the defendant’s arrest. Therefore, defendant’s stop by police was unconstitutional.

Likewise in People v Horton, officers thought they saw a metallic object that could have been a gun. The court held that this fact alone did not serve as probable cause for an arrest. In a later decision on the same case, People V. Horton, the appellate court again found that the officers lacked probable cause to arrest the defendant, and that the gun was found as a result of the illegal arrest. Thus, the court ordered the gun evidence to be suppressed, and the defendant’s conviction reversed.

If you have a prior conviction based on a law that has since been declared unconstitutional, you will need to petition the court to vacate your prior conviction. Otherwise, your prior conviction can be used against you in a later offense. For more information, see our related post: If a Gun Law is Unconstitutional, Can My Conviction Under That Law Be Set Aside.

If you have been charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its possible defense. If police did not have a valid reason to stop you, an attorney may be able to ask the court to suppress the evidence from your arrest. Even if the police acted properly and the evidence against you is overwhelming, an attorney who is respected in the court house may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

Posted in gun law, gun possession, illegal stop, probable cause, search and seizure | Leave a comment