CAN THEY SEARCH MY CAR? YOUR RIGHTS DURING A TRAFFIC STOP (BEFORE AN ARREST)

Posted on January 11, 2011 by admin

You were a little preoccupied while driving home late one night and missed a stop sign. Unfortunately, a police officer spotted you and pulled you over. After taking your license, the officer asked you to step out of the car. Suddenly, he began questioning you and searching your car. At this point, he turned up some marijuana seeds, and you are now on your way to police lock up.

Can the officer do that? What are your rights?

Generally, police can search your car without a warrant and before an arrest as long as they have probable cause to believe your car contains illegal articles such as drugs, weapons or burglary tools. Police can search anywhere in your vehicle, even by opening containers. Be advised that making “furtive”movements may be enough to trigger that probable cause, particularly if you look like you’re trying to hide something.

Unfortunately, recent U.S. Supreme Court decisions have chipped away at the rights of drivers to guard against police searches. The Supreme Court recently held that you do not have a legitimate expectation of privacy in contraband. For example, police are now allowed to have a trained dog sniff your car for narcotics during a traffic stop without your consent because you have no privacy right in possessing illegal substances.

Furthermore, under recent Supreme Court law, police do not need a reasonable suspicion of criminal activity in order to question you about topics unrelated to your traffic stop as long as this questioning does not unduly prolong the time you are stopped. Before this decision, police could not change the fundamental nature of a traffic stop by questioning you on unrelated matters without this reasonable suspicion, but this protection was overturned.

If you are stopped by police, an officer should, but may not always, ask if he or she can search your car. You should always refuse any request to search. The officer may continue the search even without your consent. Your refusal, however, may later help your attorney bring a motion to quash the evidence turned up by the search.

You should also refrain from speaking to the police or answering any questions except about your name and address.

Once you have been arrested, the police may search the parts of your car that you could access if they reasonably believe they may find evidence related to the crime. If you are arrested for speeding, the police may lack the justification they need to search your passenger compartment, but if you are arrested for DUI, the police can search for alcohol.
If you have questions about this or another criminal law matter, please do not hesitate to contact Matt Keenan at 847-568-0160 or matt@mattkeenanlaw.com

See our related post on our DUI blog at Can the Police Search My Car? Your Rights During a Traffic Stop?”.

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

Posted in narcotics, probable cause, reasonable suspicion, search of car, search warrant, traffic offense, traffic stop, traffic tickets, vehicle search, warrantless search | Leave a comment

“THE POLICE ARE AT MY DOOR!”: WHEN THE POLICE HAVE A SEARCH WARRANT

Posted on January 5, 2011 by admin

You have just settled down to watch your favorite TV show, when there is a knock at the door. You ask who it is, and hear “Open up, police!”

Do the police need a warrant? What are your rights?

Under Illinois law, the police must request a search warrant from a judge to search your home for evidence except under certain circumstances. The police do not need a warrant if they have probable cause, and there are exigent circumstances, such as an emergency or the reasonable belief that someone inside needs aid. Other exigent circumstances include how recently the crime was committed, whether the suspect is armed or whether the suspect might escape if not quickly apprehended.

After police obtain a warrant, they must “knock and announce” their presence, unless they reasonably believe that doing so would be dangerous to themselves or others or would allow evidence to be destroyed.

Once the police knock at your door, you may ask to see the warrant. Any warrant must be particular and describe exactly what the police are looking for. The police are not allowed to go on a fishing expedition. Look to see what type of evidence they are seeking. For example, if they are looking for a stolen car or a suspect, they may not search your medicine cabinet, since the items they are seeking are too large to fit that small a space. The warrant must describe your premises reasonably correctly. If they have a warrant for your house and you have an unattached shed, they may not search the unattached shed.

The police, however, may take what they see in plain view. If they see drugs lying on the table, they can seize that evidence even if they were looking for a stolen TV or a person. One California case even held that police may look for marijuana plants growing in a fenced-in yard by flying over in an airplane!

If you have questions about a search warrant or other criminal matters, please contact Matt Keenan at matt@mattkeenanlaw.com or 847-568-0160.

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

Posted in arrest, arrest warrant, search warrant | Leave a comment

WHAT A CRIMINAL LAW ATTORNEY CANNOT DO

Posted on December 14, 2010 by admin

In most criminal cases, an experienced attorney can help you make the best strategic choices for your defense. But no attorney can guarantee that you will fully escape punishment.

When you are charged with a crime, the state has the burden of proving you guilty beyond a reasonable doubt. A criminal defense attorney generally knows what the state will need to meet that burden. Did the police officers have probable cause to stop you? Did the police give you the appropriate warnings at the appropriate time? Can the state prove each element of the crime? Should a judge or jury disregard some evidence based on Illinois case law? For example, is some evidence more inflammatory than helpful in to proving the charges against you?

A qualified attorney can look at the evidence and advise you about your best options. Do you have a fightable case? Will you need to accept a plea bargain? Is there something you can do, such as attend a drug rehabilitation program, to get a more advantageous plea bargain?

What an attorney cannot do is change the facts of your case. If you are caught red-handed with narcotics, an attorney can look for loopholes in the state’s case but cannot change the fact that you were caught with the evidence.

An attorney cannot guarantee an outcome in a case. The attorney can help navigate the case in order to obtain a more favorable outcome, but can never fully guarantee that “you will get off.”

An attorney cannot make decisions for you. An attorney can advise you on the pros and cons of various options, such as whether to plead guilty or go to trial. But only you can decide the risks you are willing to take.

An attorney cannot select or control the judge. By having familiarity with a particular judge, an attorney may strategize the most persuasive way to present your defense. But ultimately, the judge makes any decision based on what the judge thinks is important.

The bottom line is that sometimes if you are guilty of a crime and the evidence is loaded against you, you may have to take the consequences. Sometimes that can mean going to jail. An attorney can help make sure that procedures are correctly followed and that your rights are protected. An attorney can look for ways to fight your case or help you get a better deal. But if the state can meet its burden of proof, an attorney cannot wave a magic wand and make your case go away.

If you have questions about a criminal law matter, please feel free to contact Matt Keenan at matt@mattkeenanlaw.com or 847-568-0160.

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

Posted in criminal law attorney, criminal offense | Leave a comment

NEW ILLINOIS CRIMINAL LAW ADDRESSES SEXTING OFFENSES

Posted on October 20, 2010 by admin

Illinois will have a new sexting law as of January 1, 2011. Governor Patrick Quinn signed this new section of the Illinois Criminal Code last summer. The new law tries to address the problems that arise when the development of technology outpaces the development of the adolescent brain.

Sexting is the electronic transmission of nudity or obscene photos to another party. Recent cases include teenagers who texted nude pictures of a girlfriend or boyfriend to their other friends. Even texting nude pictures of yourself can be a crime. Before the new law, prosecutors were forced to charge young offenders under stricter pornography laws that could have resulted in a lifetime designation as a sex offender.

Under the new law, any minor under age 17 who knowingly electronically transmits materials depicting nudity or other sexual conduct is subject to a Class B Misdemeanor, punishable by up to 6 months in jail and a $1,500 fine. If you are under 17 and you knowingly request another minor to sext for you, you can be charged with a Class A Misdemeanor, punishable by up to one year in jail and a $2,500 fine. If you post the image on the Internet or a website for at least 24 hours with the intent of injuring another’s reputation or causing emotional distress, the charge stiffens to a Class 4 felony, punishable by imprisonment for 1 to 3 years.

The new law also permits a Judge to order an offender into a diversion program, such as counseling, that would look at the problems, which led to the sexting offense. If a minor commits a second violation, the Court can forbid the defendant the use of any electronic telecommunications device for up to six months other than for emergencies.

If you have questions about sexting or know someone who is facing sexting charges in Illinois, please feel free to contact Matt Keenan at 847-568-0160 or matt@mattkeenanlaw.com

See our related school law blog at http://northshoreschoollaw.com.

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

Posted in Class 4, class 4 felony, class a misdemeanor, class B misdemeanor, criminal charges, criminal law, criminal offense, cyberstalking, pornography, sex offender, sexting, texting harrassment, Texting offenses | Leave a comment

‘I DON’T HAVE CAR INSURANCE!”: DRIVING WITHOUT INSURANCE IN ILLINOIS

Posted on October 6, 2010 by admin

Money is tight so something had to give. As a result, you didn’t pay your car insurance. Next thing you know, the police stopped you for speeding and also cited you for driving an uninsured motor vehicle.

What are the penalties, and what can you do?

In Illinois, if you actually had valid insurance the day you were stopped but simply didn’t have the proof on you, then you can show the judge your insurance card at court. The driving without insurance portion of your case will likely be dropped, although you may still need to fight any other violations.

If you did not have insurance and this is a first offense, you may be eligible for late compliance. You must then provide proof that you have valid insurance as of your court date. You may still be subject to a fine and court supervision.

If you had no valid insurance and do not qualify for late compliance, the penalties become more severe. Besides a fine of at least $500 for a first offense, you can lose your driver privileges for three months. Should you continue to drive, you can face greater fines and penalties. If you continue to drive on a license that was suspended for no insurance, you could be charged with a Class B misdemeanor punishable by a fine up to $2,000 and a jail term up to 6 months. You are best advised to consult an attorney regarding whether you have a defense. Even if you don’t, an experienced attorney may be able to obtain a more favorable plea bargain than you could on your own.

If you are considering faking your insurance card to get out of hot water, think again. If you show police a falsified card, you may be charged with a Class A misdemeanor, punishable by up to one year in jail and a $2,500 fine. To convict you, however, the state must show beyond a reasonable doubt that you either knew you had no valid insurance or you knew that the evidence your presented had been illegally altered or otherwise invalid. An attorney can help you fight these charges.

If you have any questions about driving without insurance or other traffic or criminal matters, please contact Matt Keenan at 847-568-0160 or matt@mattkeenanlaw.com

See our related DUI blog at http://duilawyerskokie.com.

SOURCE: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh%2E+3+Art%2E+VII&ActID=1815&ChapterID=49&SeqStart=52100000&SeqEnd=53500000

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

Posted in class a misdemeanor, class B misdemeanor, drivers license suspension, driving without insurance, falsifying insurance, moving violations, uninsured driving, uninsured motorist | Leave a comment

“BUT I JUST WANTED TO TALK TO HER!”: WHEN YOU ARE CHARGED WITH TELEPHONE HARASSMENT

Posted on September 28, 2010 by admin

You had a fight with your girlfriend, and she broke up with you. You know you could clear up any misunderstanding, if only she would listen. So you dialed her number repeatedly hoping she would finally answer her phone. Next thing you know, the police are at your door, and you are being charged with telephone harassment. What did you do wrong, and what can you do about it?

In Illinois, you may be guilty of a Class B Misdemeanor, punishable by up to 6 months in prison and a $1,500 fine, if you cause another person’s phone to ring repeatedly with the intent of harassing them. You may also be charged with telephone harassment if you called someone intending to threaten them, whether or not a conversation actually took place. You also cannot make obscene or indecent comments intending to offend another person. You may be charged even if you did not make the calls yourself, but simply allowed someone else to use your phone.

A second offense of telephone harassment can boost your charge to a Class A Misdemeanor, punishable by up to one year and a $2,500 fine. If guilty, the Court must sentence you to a mandatory minimum 14-day jail sentence or 240 hours of community service.

If you have three or more prior violations within the last 10 years, your charge can increase to a Class 4 Felony, punishable by one to three years. Likewise, you can be charged with a Class 4 Felony if 1) you harass the same person or a member of their family more than once, 2) you threaten to kill your victim or someone in their family, 2) you have a prior forcible felony conviction, 3) your victim was a minor, or 4) you were on bail or you violated probation or supervision at the time.

If you are charged with Telephone Harassment, you should immediately contact an attorney. If you are in police custody, tell the police specifically: “I wish to invoke my right to remain silent” and “I wish to have an attorney.” Do not discuss your case with anyone either in person or by electronic means, such as email, texting or on a Facebook-type page. Whatever you do, do not try to contact the victim! Trying to explain yourself may instead help the prosecutor seal their case.

How can you defend your case? First, the state has the burden of proving you guilty beyond a reasonable doubt. Was it you who actually made the calls? Can the state prove you did? If someone else was using your phone, did you knowingly permit them? Did you have the required intent to offend or harass the victim when making the calls? Keep in mind that using obscene language creates a presumption that you meant to offend, but that presumption might still be challenged. Even if the evidence against you is strong, an experienced attorney may help you work out a more beneficial plea agreement than you could on your own.

If you have any questions about the criminal offense of telephone harassment, feel free to contact Matt Keenan at 847-568-0160 or matt@mattkeenanlaw.com

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

Posted in arrest, Class 4, class 4 felony, criminal charges, misdemeanor, phone harrassment, violation of probation, violation of supervision | Leave a comment

HOW TO DEFEND YOUR COOK COUNTY, ILLINOIS DUI

Posted on September 20, 2010 by admin

Last night, you went partying on the town and had a few too many with friends. After leaving the bar, the police stopped you. Now you are charged with drunk driving. How can you defend your case?

In Illinois, the first offense of Driving Under the Influence may be punishable with up to one year in jail or up to a $2,500 fine. If you are charged with DUI, the State must prove two elements beyond a reasonable doubt: 1) Drinking and 2) Driving.

To prove drinking, the State must show that you were over the legal limit of .08, and that this impaired your driving. The first question is whether you took the breathalyzer. If you were wise, you may have refused. If you refused, did you then perform any field sobriety tests? If not, you could still be charged with a DUI based on what the police observed, but it may be that much harder for the State to prove your impairment at trial.

Suppose you turned down the breathalyzer but you performed the field sobriety tests? You may still have a defendable case. Many police cars now video their encounters with potential offenders. After watching the video, how well did you perform? Some defendants manage to hold their leg up fairly steadily and to walk a fairly straight line. If you did well, the state might have a tough time proving you were guilty of DUI.

What if you took the breathalyzer and blew over the limit? If you did not blow too far above .08 legal limit and/or your field sobriety tests looked good, you may still be able to defend your case. The state must show that your driving was impaired. If everything else looks good including your driving when the police pulled you over, then you might still win. Furthermore, in the State of Illinois, a breathalyzer machine is considered accurate if it registers within .009 of the actual result. Therefore, if you blew a .087, there may be some question about whether you or the breathalyzer device were over the limit.

What if your breathalyzer result was way over the legal limit? Then, you may still have a defense based on the element of driving. How were you pulled over? Did the police have probable cause to stop you? If you were obeying all traffic laws and you were the target of a random stop, you may be able to quash your DUI based on a lack of probable cause.

What if you were in an accident and the police were summoned after the crash? Someone has to testify that you were behind the wheel of the car. The state will have a harder time proving your DUI if no one actually saw you driving the car.

But what if the police legitimately followed you and observed you commit a traffic offense such as blowing a stop sign or weaving all over the lane? And then you blew a high breathalyzer and trashed your field sobriety tests? At this point, your case may no longer beatable. A skilled attorney, however, may help you negotiate a more favorable plea agreement.

If you have questions about a DUI or other criminal matter in the Skokie, Rolling Meadows, Maywood or other Chicago-area courthouse, please do not hesitate to contact Matt Keenan at 847-568-0160 or by emailing matt@mattkeenanlaw.com. Also, visit our website at http://www.mattkeenanlaw.com or our DUI blog http://duilawyerskokie.com

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

Posted in breathalyzer, cook county courthouse, driving while under the influence, drunk driving, dui, field sobriety tests, first offense, Maywood, Rolling Meadows, skokie, traffic offense | Leave a comment

‘WHAT IF I DON’T SHOW UP FOR COURT?”: BOND FORFEITURE WARRANTS

Posted on August 17, 2010 by admin

Recently you were arrested under Illinois criminal law. That was bad enough, but now you figure there is no point in going to court. After all, you would miss time at work, and since you’re guilty anyway, why should you bother? Or maybe you have been going to court, but something came up and you couldn’t make the last court date or you simply forgot about it.

What can happen to you and what can you do?

In most Cook County criminal cases such as at the Skokie, Rolling Meadows and Maywood courthouses, attendance at court dates is mandatory. Failing to show up for court is a serious matter with serious consequences. The judge can issue a “bond forfeiture warrant.” That means any bond you may have posted will now belong to the State. Additionally, the court has now issued a warrant for your arrest.

If you did miss court, however, there is still hope. With the help of an experienced attorney, you can bring a motion before the court to vacate the bond forfeiture/warrant so that the new arrest warrant will be quashed and you can continue to defend your case under the old warrant. Be warned, however, that judges only have so much patience. If you continually miss court dates, it may be difficult to vacate a warrant if it becomes a habit.

If you missed a court date for a speeding ticket or other traffic offense, the court can find you guilty in your absence. You may be able to get the judgment against you vacated and make an appearance on your ticket. An experienced attorney can greatly assist you.

If you have an outstanding warrant for a criminal offense or if you missed a traffic ticket date, please feel free to contact Matt Keenan at 847-568-0160 or matt@mattkeenanlaw.com for assistance.

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

Posted in arrest, arrest warrant, bond forfeiture, bond hearing, criminal charges, criminal law, criminal offense, Maywood, Rolling Meadows, skokie, warrant | Leave a comment

YOUR RIGHT TO REMAIN SILENT UNDER NEW SUPREME COURT LAW

Posted on August 9, 2010 by admin

If you have watched enough TV police shows, you have heard the Miranda warning given to suspects, time and time again. “You have a right to an attorney. You have a right to remain silent. Any statements you make can and will be used against you….” But now under new Supreme Court case law, if you wish to remain silent, you must say so as clearly as possible.

In Berghuis v Thompkins, the Defendant invoked his right to remain silent by simply not saying anything under questioning for a long period of time. When police continued to question him, he eventually made a statement to the police, which he tried to suppress based on the police violating his right to remain silent.

The Court held that the Defendant’s actions were not sufficient to invoke his right to remain silent. The statements the Defendant made were admitted against him. The Court said that any invocation of Miranda must be “unambiguous” so that the police will not have to guess regarding whether they should have cut off questioning. (A previous case ruled that if a Defendant wants an attorney, he or she must also do so clearly.)

So if you are arrested and taken into police custody, what should you do? After signing your Miranda warning form, you should tell the police “I want to remain silent,” and “I want an attorney.” Only by making these unambiguous statements will your Miranda rights be protected under the new case law. Whatever you do, do not give up your Miranda rights by signing a “Waiver” form.

Even if you assert these rights, the police could try to make you sufficiently uncomfortable to want to start talking even if they are not doing anything illegal. You might have to wait a long time in a relatively cold room. While statements made after a Defendant invokes his right to remain silent may not be admissible in Court, the best chance for your defense depends on your continued silence until you have an attorney present.

If you or a loved one have been arrested and are in police custody or if you have any questions, feel free to contact Matt Keenan at 847-568-0160 or matt@mattkeenanlaw.com.

Source: http://www.supremecourt.gov/opinions/09pdf/08-1470.pdf

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

Posted in arrest, criminal charges, criminal law, criminal offense, Miranda rights, police custody, right to an attorney, right to remain silent | Leave a comment

“BUT I’LL LOSE MY JOB!:” TRAFFIC VIOLATIONS AND THE COMMERCIAL DRIVERS LICENSE

Posted on August 3, 2010 by admin

If you drive a commercial motor vehicle (CMV), then getting stopped for a DUI or even a simple traffic violation can cost you your livelihood.

In Illinois, you can lose your commercial driver’s license (CDL) for at least one year if you are stopped for certain driving-related offenses, even if you weren’t in a CMV at the time! You may be penalized for refusing a breath or blood test, having blood alcohol of at least .04 when driving a CMV or at least .08 when driving a non-CMV. Furthermore, your CDL can be suspended if you knowingly leave the scene of an accident, commit a felony when driving any vehicle or if you drive a CMV on a revoked or suspended license. If you were driving hazardous materials when any of the above happened, you can lose your CDL for at least 3 years.

If you are convicted a second time, you can say good bye to your CDL for life, although the Secretary of State can under certain circumstances reduce the suspension to a period of 10 years.

Even less severe traffic offenses can play havoc with your CDL. You can lose your CDL for at least two months if you receive convictions for two serious traffic violations (such as speeding) within three years, and for at least four months if you have three convictions in three years, even though you weren’t driving a CMV at the time

If you continue to drive a CMV after the Secretary of State has issued an “out of service” order suspending your CDL, you can receive additional suspension penalties.

If you are stopped for any traffic-related offense, you should not speak about the incident to the police or anyone else, and you should contact an attorney immediately to discuss your options. It is critical that you rigorously pursue any defense you might have if you wish to maintain your CDL. The State still has the burden of proof to show that you were guilty of an offense beyond a reasonable doubt. An attorney can help expose weaknesses in the state’s case. Even if your case seems hopeless, an experienced attorney may be able to work out a plea arrangement for a lesser offense, with a shorter suspension time.

If you are threatened with the loss of your CDL or have other questions, feel free to contact Matt Keenan at 847-568-0160 or matt@mattkeenanlaw.com.

See our related DUI blog at http://duilawyerskokie.com.

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

Posted in blood alcohol limit, CDL, commercial driver's license, drivers license suspension, drunk driving, dui, leaving the scene of an accident, speeding, suspension, traffic offense, traffic tickets | Leave a comment