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Recent Blog Posts
When Can the Police Search Your Car?
The Fourth Amendment to the U.S. Constitution states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” In practice, this means that the police and other law enforcement agencies typically need a warrant in order to search someone’s personal property. Motor vehicles, however, are often an exception.
Probable Cause
Cars, trucks, and other vehicles present interesting challenges in regard to the warrant requirement because they are mobile, and evidence can be easily lost if it is not seized right away. However, police are not permitted to search a vehicle for no reason. An officer must have probable cause in order to search a person’s car. Probable cause refers to evidence that leads officers to believe that the driver of the vehicle is involved in criminal activity. This could include an officer seeing illegal contraband in the vehicle or smelling drugs.
Testing for DUI Related to Marijuana Use
As more states are beginning to legalize marijuana for recreational and medical use, law enforcement organizations across the United States are struggling to address the possible increased prevalence of people driving while intoxicated. Whether a state has legalized marijuana or not, driving under the influence (DUI) of any alcohol or drugs remains against the law. However, tools to accurately and immediately measure whether someone is intoxicated by drugs like marijuana are currently unavailable in most states.
Testing for Impairment
States like Colorado and California have begun using mouth swabs and blood tests mouth swabs and blood tests to determine whether or not an individual has marijuana in their system. Mouth-swab devices can test for the presence of several drugs, including marijuana and cocaine. If drivers refuse to be tested using a mouth swab, they may be required to submit to a blood test, which will determine if the chemical delta-9-tetrahydrocannabinol, or THC, is present in the driver’s blood. THC is the main chemical present in cannabis.
Raising the Threshold on Felony Theft in Illinois
In Illinois, law enforcement officials and prosecutors have the right to upgrade charges against a defendant if their alleged crime rises to or exceeds certain thresholds defined in the state’s criminal code. One common example of charges which may be upgraded occurs when an offense crosses the line between misdemeanor shoplifting and felony theft.
Smart on Crime or Potential for More Trouble?
At this time in Illinois, charges related to the theft of property that has a value that exceeds $500 can be raised from a misdemeanor to a felony, but legislation supported by the Illinois Commission on Criminal Justice and Sentencing Reform was introduced in early 2017 that would raise that limit to $2,000. The issue has initiated debate among Illinois legislators, as well as retailer groups and advocates for prison reform. Some of the issues surrounding this proposed change in the law include:
New Illinois Aggravated DUI Law Goes Into Effect in 2018
A new law in Illinois regarding driving under the influence (DUI) goes into effect in the new year. Under HB 3084, if an individual drives after their license has been suspended or revoked due to a DUI violation that resulted in a fatality, the individual will be sentenced in the same way an individual who is convicted of reckless homicide would be sentenced. This stricter DUI law would result in serious repercussions for those who drive after their license was revoked due to drunk driving that caused a death.
HB 3084 Provisions
The following provisions are included in this new DUI law :
- Subsection (a-5) of HB 3084 states that any individual who drives a vehicle on a driver’s license that has been revoked or suspended due to a conviction for aggravated DUI that resulted in a fatality will be guilty of a Class 4 felony.
Should I Refuse a Breathalyzer Test?
When a person is stopped by a police officer on suspicion of driving under the influence of alcohol , the officer may ask him or her to take a breath, blood, or urine test. Often, a field sobriety test and breath test are used during traffic stops to determine whether the driver’s blood alcohol content is above the legal limit.
Most people are familiar with the purpose of a breathalyzer. They have either themselves been asked to breathe into one in order to determine their blood alcohol content (BAC) or they have seen the process on television or in movies. If a driver’s BAC is found to be 0.08 or higher, he or she is considered legally intoxicated and will be charged with a DUI. But what happens if a driver simply refuses to take the blood alcohol content test?
Implied Consent and BAC Tests
By driving on public streets you are already consenting to a blood alcohol content test. Because Illinois has an “implied consent” law, you agree to submit to chemical testing for alcohol impairment by the act of driving a vehicle on the road. You may know that a criminal suspect must be read their Miranda rights before he or she can be interrogated by the police, and many believe that the same holds true for BAC testing. In reality, an officer does not need to read someone their rights or provide access to a lawyer before subjecting them to a chemical test the way they would before a police interrogation.
Recovering Evidence in a Criminal Defense Case
Evidence is a very important variable when it comes to nearly any investigation and criminal defense strategy. Sometimes a lack of evidence is what helps a defendant win their case, while in other situations, evidence is exactly what you need to protect your freedom. It is interesting to see the lengths to which some will go to collect that evidence.
Evidence Collection in the Palm of One’s Hand
Although developed and promoted for use by first responders and law enforcement, there are a number of mobile apps which can now aid in the collection of evidence at crime scenes. Some examples of the new technology available for such procedures include:
- Pocket CSI includes tools for taking audio notes, calculating skid marks, projecting blood splatter trajectory, and recording other details.
- MEA Forensics provides step-by-step assistance for those dealing with the examination and preservation of forensic evidence.
Juvenile Defendants and Jury Trials
Having the option of being tried in court before a jury of one’s peers is a right our country’s justice system guarantees. However, in most cases involving juvenile crime, the opportunity to seek a jury trial is not offered in Illinois. This policy was recently upheld by the state’s Supreme Court.
First Time Offenders
In Illinois, the rules pertaining to hearings for juvenile offenders are different depending on the criminal history of the defendant. Those rules were challenged when a Cook County Circuit Court Judge ordered a jury trial for a juvenile defendant charged in the shooting death of another teen.
In Illinois, jury trials are afforded to juvenile offenders with a history of repeat or violent offenses. First time offenders do not have the option of jury trials. An initial ruling in this case found part of that Illinois law unconstitutional. In ruling on an appeal, the Illinois Supreme Court issued an opinion that the statute pertaining to jury trials for repeat offenders was distinctive enough from those pertaining to juveniles with no previous criminal history.
Holiday Season Causes Uptick in Shoplifting
Shoplifting can be detrimental to business owners, as billions of dollars’ worth of merchandise are stolen from retail stores every year. Often, the holiday season is the time of year when shoplifting is especially problematic. In a season that lasts just over a month, shoplifters cost retail stores approximately $6 billion. The toll is especially hard on large retailers like Walmart, Macy’s, Target, and Gap.
Why Shoplifting is Worse During This Time of Year
The holiday season is the time when many retailers make a large percentage of their annual sales—as much as one-third of the year’s entire revenue. However, the winter holidays are also the time of year when retailers incur 37 percent of their annual shrink loss.
During the winter shopping season, the average store’s product mix changes considerably. More expensive merchandise is often displayed to entice holiday shoppers and encourage impulse buys. With more valuable items available, shoplifters are also more tempted. This also means that even if the same quantity of items is stolen during the holiday season, those items cost more on average. Consequently, stores end up losing more through theft than at other times of the year. The increase in shoplifting can also be linked with the overall surge of shoppers. More foot traffic in a given store often correlates to more stealing.
What Are The Most Common Traffic Violations
Traffic violations Traffic violations are a common reason for getting pulled over by the police. In fact, most drivers have been pulled over at least once in their lives. It can be easy for us as drivers to be comfortable bending the rules a bit and many drivers admit to practicing dangerous behaviors on the road once in a while. Sometimes, drivers may even view traffic laws as suggestions more than hard and fast rules.Most of us have had the experience while driving of suddenly seeing flashing lights behind us.
A traffic ticket, however, can be expensive, and too many too quickly can lead to the suspension of your driving privileges. Some of the most common traffic violations include:
- Speeding: Almost all drivers admit to driving at a speed above the posted speed limit at some point in their lives. In a recent survey, 89 percent of drivers reported that they have driven faster than the speed limit allowed. About 40 percent of drivers admitted that they have driven more than 20 miles per hour over the speed limit. If you are caught speeding, you may only receive a warning or you may receive a ticket and associated fine. You may also receive points on your driving record which can accumulate and result in more serious consequences.
The Illinois TRUST Act Protects Immigrants Who Interact With Police
While city and state officials across the country work to create laws aimed at helping undocumented immigrants remain in the United States, the State of Illinois passed legislation aimed at easing fears of deportation for illegal immigrants arrested locally. Although they may still need to appear in court for traffic violations or other minor offenses , the threat of detention, deportation, or even questioning of their immigration status is no longer something immigrants need fear during interactions with police.
A Simple Traffic Stop No Longer Leads to Deportation
The new Illinois law signed by Governor Bruce Rauner this past summer makes it illegal for law enforcement officers to detain individuals for federal agencies, such as the Immigration and Customs Enforcement (ICE). It is believed that this will empower those who once feared deportation to feel more comfortable when reporting crimes or interacting with police.
