CAN POLICE SEARCH YOUR COMPUTER?

Posted on December 21, 2015 by admin

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 it’s in your computer.

Can police search your computer? What are you rights?

Generally, police need a search warrant before they can look at the contents of your computer unless some other exception to the warrant requirement exists. (See U.S. vs Flores-Lopez.) Unlike other physical objects, computers hold vast quantities of private and sensitive information. Even when police can legally take the computer, they must still get a warrant to investigate it.

The U.S. Supreme Court has held that computers cannot be searched as part of an arrest. Generally, that type of search is allowed to preserve evidence and to protect officer safety in case the defendant has a weapon. The court held that neither rationale applies to digital data.

Officers can still search your computer if there is a compelling emergency—such as locating the whereabouts of a kidnapped child.

But what if you told police it was OK to search home? Does that include your hard drive? Police may generally look only where the object of a search may reasonably be found. Guns or drugs are not likely to be found on your computer screen. If you told police they could search your computer, however, your consent may be general enough to permit the search. This is a developing area of law.

If you believe the charges against you are the result of an illegal search, contact an experienced criminal law attorney immediately. An attorney can determine if police followed proper procedures. If not, an attorney may be able to petition the court to suppress any illegally obtained evidence.

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 cell phone search, computer search, consent to search | Leave a comment

NEW ILLINOIS LAW REQUIRES POLICE BODY CAMERAS AND OTHER IMPROVEMENTS

Posted on December 4, 2015 by admin

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 bad apples. Fortunately, the Illinois legislature has acted to improve police-citizen relations in our state.

The new law taking effect January 1, 2016 makes significant changes.

First, police will be required to wear body cameras, a big step in holding police accountable to the public. Body cameras can further provide evidence that is useful for both defendants and police. Cameras must be turned when the officer is in uniform and responding to calls for service or other law-enforcement related activity.

The new law attempts to balance law enforcement interests with privacy. Officers need not activate the camera when in their squad car if they are not involved in law enforcement activities. Cameras must be turned off at a victim’s or crime witness’s request as well as when the officer is dealing with a confidential informant. The officer may also turn off the camera when involved in a community caretaking function unless a crime is being committed.

The law clarifies that the public is allowed to record police encounters although police still have a right to control a crime scene if such people become disruptive.

Officers will be required to receive yearly and long-term training beyond what they learned at the police academy including training in cultural competency. The law also bans the use of chokeholds.

The law was the fruit of negotiations between the ACLU, the NAACP, community groups and law enforcement groups and passed with bipartisan support. To see a copy of the bill, visit Illinois Police and Community Relations Improvement Act.

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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CRIMINAL TRESPASS TO STATE SUPPORTED LAND IN ILLINOIS

Posted on October 30, 2015 by admin

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 state or federal funds after receiving notice, either that you may not enter or that you must leave, if you are interfering with another’s lawful use or enjoyment of the property. Notice can be oral or written or can be conspicuously posted at the property’s main entrance. You might also violate this law if your entry to state property was based on false statements or documents.

Illinois case law has interpreted “interfering with another’s lawful use or enjoyment” of the property to mean the “kind of conduct which by its nature tends to hinder, disrupt or obstruct the orderly function of the official enterprise being carried on in the building or on the land.” See People v Quiroga. A protest of hundreds of people outside the state capitol did not interfere with its orderly function or public access because the protest took place on a Sunday when the state house was closed and there was no damage to property. A University of Illinois student collected petition signatures in a school building lobby after having been asked to move from the school cafeteria. The Court held that the student’s activities was not interference. Likewise, in Quiroga, a parent collecting petition signatures on a playground seeking to remove a school principal was not interference.

Effective January, 2015, the Illinois legislature added public right of ways to this offense. “Right of way” means the track or roadbed owned, leased, or operated by a rail carrier that is located on either side of its tracks and that is readily recognizable to a reasonable person as being rail road property or is reasonably identified as such by fencing or appropriate signs. Under this section, you must intend to compromise public safety by delaying the transit system more than 15 minutes or by destroying property. You must again have notice that your entry is forbidden or that you must leave. Violating this particular section is a Class A Misdemeanor for a first offense, and a Class 4 felony for subsequent offenses.

If you are charged with criminal trespass or a similar offense, contact an experienced criminal law attorney immediately. As with most offenses, the state has the burden of proving each element of the crime beyond a reasonable doubt. Perhaps you did not receive the required notice or your conduct was not interfering with another’s use. Even if 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. See Criminal Trespass to State Support Land,

(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 criminal trespass to property, trespass, trespass to state property | Leave a comment

2015 UPDATES TO ILLINOIS CONCEALED CARRY LAW

Posted on September 22, 2015 by admin

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 it necessary for the safety of any person present. (See 430 ILCS 66/10(h)(1).) If the officer or emergency personnel determine you are not a threat and that you are mentally and physically capable of possessing the gun, they may return it before releasing you from the scene. If you are turned over for treatment to another facility, your weapon must be turned over to a peace officer who will then issue a receipt.

The 2013 law allows a licensee to carry a concealed firearm in the immediate area surrounding his or her vehicle within a prohibited parking lot only for the limited purpose of storing or retrieving the weapon within the vehicle’s trunk. (See 430 ILCS 66/65(b).) Under the new law, you need not insure that the weapon is unloaded before it leaves your car.

The prior law required a physician, clinical psychologist or qualified examiner to notify the Department of State Police upon determining that someone is developmentally disabled. The new law applies to persons over age 14 and defines development disability as comparable to an indefinite intellectual disability that arose before age 18. The disability must cause significant functional limits in the individual’s ability to perform at least three of the following life functions: 1) self care, 2) receptive and expressive language, 3) mobility, 4) learning or 5) self direction. (See 405 ILCS 5/6-103.2.)

If you are charged with a weapons offense, contact an experienced criminal law attorney immediately. An attorney can review your case for your best possible defense. Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you can 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.

Source Amendments to Concealed Carry 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 concealed carry, firearm possession, firearms, gun possession | Leave a comment

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

Posted on September 7, 2015 by admin

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 resulting from that mistake to stand?

Before he or she can stop you, an officer must have a reasonable, articulable suspicion of wrongdoing. Such a stop or search may be valid even if the officer misunderstood the law as long as that misunderstanding is reasonable. Laws can be complicated and ambiguous. A court will generally not penalize the officer over a complex law. However, if the officer’s mistake is unreasonable, you may be able to get the evidence against you dismissed.

In People v Flores, an officer stopped a defendant because he believed the defendant’s license plate frame violated Illinois’s plate-display law. In a subsequent search, the officer found heroin in defendant’s car. The Seventh Circuit Court of Appeals held that Mr. Flores’s car dealer-type license plate frame did not violate the law. Nor was it reasonable for the officer to think that it did. As a result, the court overturned the defendant’s conviction.

In contrast, the U.S. Supreme Court recently upheld a traffic stop where the officer mistakenly understood a North Carolina law to require two working brake lights. However, in that case, the law was subject to varying interpretations. Furthermore, the Court said its decision in favor of the officer only applied to reasonable mistakes of law. See Helen v North Carolina.

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

DO I NEED A TRANSLATOR FOR CRIMINAL COURT IN ILLINOIS?

Posted on August 24, 2015 by admin

The answer to that question depends on how comfortable you are using the English language. If there is any doubt, it may be best to err on the side of caution and ask for an interpreter early in your case.

In Illinois, the courts are required to provide a translator for criminal matters if the defendant needs one. All Chicago-area courts have Spanish translators on hand. Other translators are brought in as needed. This can cause some scheduling difficulties with court dates, but any disadvantage is far outweighed by your having a complete understanding of your court case.

The legal and procedural language used in court can be difficult to understand for a non-attorney, especially if you are already anxious about being in court. We have had clients who are normally fluent in English freeze when they get before a judge. Often the translator is simply explaining the procedures taking place. But a translator can be especially important if you are testifying, because you do not want to guess about whether you understood or answered a question correctly.

If you do not ask for a translator early in your case, a judge might distrust your later request and think you are pretending a problem. A recent Illinois Appellate court upheld a decision denying a translator because the defendant had gotten through much of the case without one. (See People v Argueta.) The defendant had repeatedly declined a translator before the trial, and a review of the record showed that the defendant answered questions appropriately.

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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WHEN ARE YOU UNDER ARREST? MIRANDA RIGHTS AND POLICE CUSTODY IN ILLINOIS

Posted on August 11, 2015 by admin

The exact moment when a police interrogation turns into an arrest is not always clear. But that is the moment when the police must read your Miranda rights—those rights to remain silent and have an attorney present.

Miranda must be given when an individual is in custody and before questioning begins. These rights only apply in inherently coercive, custodial situations. To determine when they apply, an Illinois court looks at 1) the circumstances surrounding an interrogation, and 2) whether a reasonable person would believe they were free to terminate the interrogation and leave. Surprisingly, the use of handcuffs does not automatically mean you are in police custody, although it may be a factor.

To determine whether a reasonable person would feel free to go, Illinois courts consider: 1) the location, time, length, mood and mode of the questioning; 2) the number of police officers present during interrogation; 3) the presence or absence of family and friends of the individual; 4) any indicia of a formal arrest procedure, such as the show of weapons or force, physical restraining, booking or fingerprinting; 5) the manner by which the individual arrived at the place of questioning and 6) the age, intelligence and mental makeup of the accused..” (See People v Coleman.)

If you are charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case to determine when you were under arrest and whether the police acted properly. If the arrest was not proper, an attorney can bring a motion asking the judge to throw out any statements you might have made after Miranda warnings should have been given. Even if the police acted properly and the evidence against you is overwhelming, an attorney who is respected at the courthouse may be able to negotiate a more favorable plea agreement than you can on your own.

See our related post: Your Right To Remain Silent Under New Supreme Court Law.

If you have questions about this or another related 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 arrest, Miranda rights, miranda warnings, police custody, police detention | Leave a comment

THE LAW ON PROVING POSSESSION OF DRUGS OR WEAPONS IN ILLINOIS

Posted on July 29, 2015 by admin

The police are at your door with a search warrant or maybe they’ve stopped your car for a traffic ticket. In either case, they uncovered drugs, weapons or some other contraband. Can they prove the illegal goods are really yours?

Unless you’re caught red-handed, the state can show the contraband is yours through the doctrine of “constructive possession.” To do so, the state must prove beyond a reasonable doubt: 1) that you had knowledge of the contraband and 2) that you exercised immediate and exclusive control over the area where the goods were found. This evidence can be circumstantial.

A recent Illinois appellate case provides a good illustration of the law. (See People v Maldonado.) In Maldonado, the court reversed defendant’s convictions for possessing heroin and ammunition. The state did not prove that the defendant had control over the premises where the search took place. Although the state had three pieces of mail addressed to defendant at the premises, it still could not show that the defendant had been near the contraband or even at the site.

Mail addressed to a defendant where contraband is recovered may prove possession if the defendant is at the scene during the search. However, mail alone may not be enough if the defendant is not present and there is little other evidence to show the defendant lives at the search premises.

The court contrasted the facts in Maldonado with a prior case where defendant had keys to both the home and the bedroom where the drugs were found, listed the search premises on his driver’s license, received mail at that location and gave the premises as his address to his parole officer.

If you are charged with this or a similar offense, contact an experienced criminal law attorney immediately. An attorney can review your case for your best possible defense. Even if the evidence against you is overwhelming, an attorney, who is respected at the courthouse may be able to negotiate a more favorable plea agreement than you can 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 . possession of weapons, constructive possession, drug charges, drug possession, possession, unlawful use of weapon, weapons | Leave a comment

THE CRIMINAL BURDEN OF PROOF IN ILLINOIS

Posted on July 13, 2015 by admin

Under our system of government, you are innocent until proven guilty.

For most crimes, this means the prosecutor must prove beyond a reasonable doubt all the elements of a crime, and that the defendant committed that crime. For example, if you committed a retail theft, the prosecution must prove that 1) you 2) knowingly 3) took possession of merchandise 4) from a retail store 5) with the intention of keeping it and 6) without paying.

Beyond a reasonable doubt does not mean beyond any doubt at all, it just means beyond all reasonable doubt. While this is a relatively high burden for the prosecution, the reality is that different judges and juries have very different ideas about what “beyond a reasonable doubt” really means. Some judges may find you guilty on the exact same facts that another judge might use to acquit you. That is why it is so important for your attorney to have some knowledge about the judges in a courthouse.

Some issues that arise in criminal court, however, do not require the stricter beyond a reasonable doubt standard of proof. If you are charged with open alcohol or another minor offense, the burden of proof may be the lower “preponderance of the evidence” standard, in which the prosecutor need only show it was more likely than not that you committed the crime.

If the defendant brings a motion to quash an arrest or suppress the evidence that police seized during an arrest, the defendant must prove that the police acted improperly under the lower preponderance of evidence standard.

A DUI requires the state to prove you were driving or had control of a vehicle while impaired beyond a reasonable doubt. However, a petition to challenge the Secretary of State’s automatic suspension of your driving privileges is a civil proceeding, even though it is conducted in the same criminal court as your DUI. You, the defendant, now have the burden of proving by preponderance of the evidence that there were no reasonable grounds for the arrest or that the officer did not read you the warnings to motorists.

If you have been charged with a criminal offense, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Perhaps the state cannot meet its burden of proof. An experience attorney can probe the weaknesses in the state’s case to help present your case in its most favorable light.

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 beyond a reasonable doubt, burden of proof, dui, retail theft | Leave a comment

THE INTOXICATION DEFENSE IN ILLINOIS

Posted on June 29, 2015 by admin

Under limited circumstances, being drunk or drugged can be a defense to a crime in Illinois.

Intoxication is only a defense when 1) it was involuntarily produced and 2) it deprived you of the substantial capacity to either appreciate the criminality of your conduct or conform your conduct to the law.

Intoxication may be involuntary where it is produced by fraud, artifice or deceit. If someone slipped drugs into your punch, you might not be responsible for what happens next. Intoxication also includes the unexpected or unwarned side effects of prescribed medication. For example, a doctor prescribes an antidepressant without warning you that it can cause sleep walking. In one Illinois case, the court held a defendant was entitled to have his intoxication defense reviewed by the jury where he had killed his wife and her lover after having taken Zoloft. People v Hari. But even when involuntary, your intoxication must deprive you of all reason. You can’t use intoxication as a defense if you otherwise knew what you were doing.

Legal intoxication should not be confused with diminished capacity, a defense no longer available in Illinois. The fact you committed the crime when you voluntarily became too drunk or drugged to think straight will not excuse your conduct.

Because the defendant has the burden of proving the intoxication defense, it is critical to present the most compelling evidence possible. A criminal law attorney can review your case to determine if the defense applies and how best to prove it.

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 burden of proof, defense, intoxication defense | Leave a comment