Overview of Warrantless Actions by Law Enforcement The Fourth Amendment of the U.S. Constitution protects citizens from unreasonable searches and seizures, generally requiring that police obtain a warrant before conducting a search or making an arrest. However, the law also recognizes several exceptions where police actions do not require a…
In an incident that was reminiscent of the murder of George Floyd, a Chicago police sergeant was charged with aggravated battery and official misconduct after pinning a 14-year-old boy to the sidewalk while off duty. During a bench trial, the sergeant was found not guilty of the charges, although he remains on leave after…
You have seen it on TV a thousand times. A police officer makes an arrest, then tells the perp, “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you…
Two officers approach a suspect who opens fire on them. They return fire and strike the suspect. The suspect has now been shot. The police have him in cuffs and are searching him to determine where the gun is. The officer is patting him down. Another officer is standing near…
Getting arrested is never easy. Even if you were arrested for a minor infraction, it is still a stressful process that can have you worried about your rights and how long you will be held. Many are under the assumption that if they were arrested and not read their Miranda…
Few laws have created the angst that is experienced in the stop-and-search era. The basic premise is that if you come from an ethnic minority, then the chances are that you will be more likely to be stripped and searched than a member of the mainstream community, which is primarily…
Just like in many jurisdictions, Illinois takes vehicular hijacking to be a particularly serious crime as listed in the provisions of the legislative instrument number 720 ILCS 5/18-4. Upon conviction, the defendant can expect a term of imprisonment that ranges anywhere from four to 15 years. There are specific aggravating…
Upon arrest, a defendant is normally taken through a preliminary hearing according to the provisions of statutory instrument number 725 ILCS 5/110-5. This is a critical step for the defense lawyers because that is when a finding of probable cause is considered. It can be undertaken by either a judge…
Nobody really likes to get arrested unless they are running away from an even greater threat to their lives. Therefore, the crime of resisting arrest in Chicago is not as uncommon as one might first assume. Currently this is considered to be a misdemeanor which is a follow-on offense that…
The mantra to let the law take its course seems like a platitude when faced with a serious criminal investigation. Each party will have their own interests and will fight to protect them. For example the prosecutor will want the defendant to come across as the worst thing that has…