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Recent Blog Posts
Avoiding Weapons Charges Through Responsible Gun Ownership
We frequently use this space to discuss the various nuances of gun laws in Illinois. On more than one occasion, we have presented information pertaining to the incidents of criminal gun violence in the state, the requirements for obtaining a Firearm Owners Identification Card (FOID), and even the procedure for obtaining a Concealed Carry Permit. However, even those who follow proper procedures and obtain firearms legally are subject to criminal gun charges and prosecution for irresponsible handling and accidental discharge of a firearm.
Do Accidents Happen?
Even the safest and most law-abiding and well-intentioned gun owner can end up defending himself against some type of weapons charge. However, what happens most frequently is that a gun owner acting irresponsibly fires their weapon and draws the attention of law enforcement officials. While the right to keep and bear arms is guaranteed by the U.S. Constitution, and laws exist in Illinois to enable lawful ownership of guns, public safety is an overriding concern.
Crime Increased Nationally in Big Cities
Despite new laws to combat crime and the introduction of after school programs and efforts by community leaders to draw awareness to the needs of vulnerable neighborhoods, recent statistics released by the Federal Bureau of Investigations indicated an increase of crime in the country’s biggest cities. Between 2015 and 2016, the percentage of violent crimes increased, while property crimes decreased.
Upward Trend Noticed Most in Metro Areas
Every year, the FBI releases a report that details crimes committed throughout the United States over the previous 12-month period. In addition to citing specific numbers, the FBI compares each year’s totals to the previous year in an effort to gain some perspective on crime trends. Notable trends in this year’s report include:
When Does a Traffic Stop End and a Criminal Investigation Begin?
Most drivers have been pulled over for a traffic violation at some point in their lives, and they have a pretty good idea of how most such stops go. The officer pulls the driver over, approaches the car, asks for the driver’s license and registration, and addresses the alleged offense. Depending on the circumstances, the officer may issue a citation or a warning, and the driver is usually free to go.
In some cases, however, what begins as a traffic stop evolves into an investigation regarding unrelated criminal activity, such as the possession of illegal drugs or possession with intent to deliver. But when does a traffic stop transform into something more? Can the police arbitrarily start looking for other reasons to arrest a driver who was initially pulled over for a minor traffic infraction? The United States Supreme Court addressed these questions in a ruling in 2015.
The Case in Question
In Rodriguez v. United States two years ago, the nation’s high court was asked to rule on whether the police could prolong a traffic stop without reasonable suspicion of an additional crime. The case in question involved a Nebraska man who was stopped for erratic driving by a police K-9 unit. The officer conducted the stop and issued a written warning but did not allow the man to leave immediately. Instead, the officer waited eight minutes for backup then allowed his dog to sniff around the man’s vehicle. The dog alerted the officer to the presence of methamphetamines and the driver was arrested.
Communities Are Taking Part in the Fight Against Opioid Abuse
We frequently use this space to provide information about drug offenses, marijuana laws, and the consequences of violating state and federal drug laws. However, it is important to recognize the effects that illegal drugs have on people who use them. In recent years, law enforcement, with help from lawmakers and community activists, have stepped up efforts to remove opioids from the streets in an attempt to reduce overdose deaths.
Prescription Drug Collections
Several years ago, municipalities in the Will County area began offering their residents the opportunity to safely dispose of old, expired, and extra medications that cluttered their medicine cabinets. Prior to then, it was not uncommon for medications to end up in landfills or in the local water supply after being flushed down the toilet. The programs have grown to offer residents a number of locations for safely disposing of unused drugs, including:
Former Chicago Police Officer Sentenced in Shooting of Teens
Police violence has become an extremely hot-button topic in recent years, with new examples seeming to make headlines on a regular basis. The issue has been further publicized by the protests during the national anthem by various professional athletes across the country. Advocates for reform maintain that police officers are often granted near-complete immunity from prosecution and bear little to no responsibility for their violent actions. Such was not the case, however, in an Illinois federal courtroom this week as a former member of the Chicago Police Department was sentenced to prison for an on-duty shooting.
Stolen Car Full of Teens
The shooting took place at 95th and LaSalle on Chicago’s South Side in December of 2013. According to court documents, the officer, now 42, arrived on the scene where a stolen Toyota was found packed with at least six teens. In the chaos, the driver of the car fled, and a BB gun fell out of the vehicle. One of the youths in the back seat leaned forward, put the car in reverse, and lunged to push the accelerator with his hands. Reports indicate that there nobody in the expected path of the car.
What Is a Pedestrian E-Device Law?
If someone asked if you knew what constituted an “E-device law,” one common answer might involve a discussion of an Illinois statute that requires drivers to use a cell phone only through use of a hands-free program. However, a growing number of cities throughout the United States are expanding these laws to pedestrians as well as drivers by making it illegal for pedestrians to cross the street while looking at the screen of their cell phone, tablet, or other electronic device.
Helping Keep Pedestrians Safe
Over the past few years, more municipalities across the country, as well as around the world, are taking steps to protect pedestrians who become distracted by their handheld electronic devices. Most recently, Honolulu, Hawaii became the largest U.S. city to pass such a law.
Are You Liable if Your Child Commits a Crime
Long gone are the days when harmful and even illegal actions by underaged individuals would be dismissed as “boys will be boys” or some other equally cliched justification. In addition to the juvenile court system, some states are passing laws that apply penalties to parents for the actions of their children.
New York Law Targets Parents of Bullies
Recently, the city of North Tonawanda, NY, gained attention by adding bullying, harassment, and underage drinking to a law under which parents could be held liable for the actions of their children. The new law was proposed by a community coalition of parents and received support from local law enforcement and school officials.
The new law was modeled after a similar one adopted by a few Wisconsin towns. Advocates insisted the new law was needed in part because even when offenders are adjudicated delinquent, seldom are the consequences that enact change in their behavior. This law requires parents who might have previously preferred to turn a blind eye to their children’s behavior to take more responsibility in re-shaping that behavior. Parents there could receive up to 15 days in jail and a fine of up to $250.
Appeals Court Upholds Verdict in “Sleeping Judge” Case
During a criminal trial, the judge is responsible for the things that go on in his or her courtroom. He or she oversees the proceedings, maintains order, rules on evidentiary objections, and ensures that the details of the case are properly recorded. But, what if the judge does not appear to be in complete control? What if he or she, for example, were to fall asleep during the proceedings? Would the defendant in such a case have grounds to ask for a new trial? An appeals court in Illinois was recently asked to determine the answers to such questions.
Unusual Circumstances
Back in 2014, a Whiteside County courtroom was the setting for the trial of a man accused of numerous counts of first-degree murder. During the course of the trial, there were several instances where the lights in the courtroom were dimmed so that video depositions and evidence could be presented and heard. On at least one those occasions, the presiding judge dozed off while video evidence was being shown and, according to court documents, had to be poked awake by a court clerk.
Some Health Systems Are Hesitant to Recommend Medical Marijuana
A recent post on this blog talked a little about national trends and local efforts regarding the legalization of recreational marijuana. While several lawmakers in Illinois have begun the process of trying to legalize recreational use of the drug, only approved medical use is currently legal under state law. The state’s medical marijuana program currently includes more than 23,000 registered patients, but many believe the number could be higher if certain doctors and health systems were more inclined to recommend cannabis for approved conditions.
Qualification Requirements
In order to qualify for participation in the Compassionate Use of Medical Cannabis Pilot Program in Illinois, a patient must be diagnosed with one of about 40 specified debilitating medical conditions. These conditions include various forms of cancer, as well as HIV/AIDS, Crohn’s disease, amyotrophic lateral sclerosis (ALS), glaucoma, multiple sclerosis, muscular dystrophy, and post-traumatic stress disorder (PSTD).
The Question of Reasonable Suspicion in Criminal Arrests
In spite of efforts to thoroughly define procedures for detaining criminal suspects, the law actually provides police with a certain amount of leeway during the course of executing their duties. Although everyone is innocent until proven guilty, police often apply the somewhat vague standard of reasonable suspicion to a situation when attempting to investigate the possibility of criminal activity.
How and When Reasonable Suspicion Is Applied
The concept of reasonable suspicion was first established by the United States Supreme Court in 1968. It allows police to stop and briefly detain a person if, based on the officer’s training, they believe that person may be engaged in criminal activity. However, while reasonable suspicion is intended to permit law enforcement the opportunity to slow or stop action in a situation so they can gather information and determine whether or not an illegal act occurred, its application can create controversy.
