The United States Supreme Court strengthened an individual’s right to be free from unlawful search and seizures last week when it ruled that, barring certain limited exceptions, law enforcement may not search a criminal suspect’s cell phone without a warrant. Riley v. California Bans Warrantless Cell Phone Searches Riley v.…
Articles Posted in Arrests
Chicago Inmates Get Second Chance Under New Jobs Law
Chicago job applicants with a felony or misdemeanor on their record will no longer be required to include their criminal history on job applications under the Job Opportunities for Qualified Applicants Act. Known as the “ban the box” measure, for the box on job applications that asks applicants to check…
DNA Evidence May Exonerate Two Lake County, Illinois Men Convicted of Murder
Newly discovered DNA evidence has cast serious doubt this week on the convictions of two Lake County men who were sentenced to prison for the commission of two different murders. Juan Rivera was convicted of the 1992 rape and murder of an 11-year-old girl, despite the fact that his DNA…
Skokie Toddler Left in Car – Child Endangerment?
It is a phenomenon that we have seen repeatedly in news stories across the country in recent months: parents leaving their young children unattended in the car while they go shopping or to a job interview. And now a Skokie, Illinois woman has been charged with child endangerment for leaving…
Double Jeopardy in Illinois Criminal Cases
Illinois Supreme Court Decision Overturned in Double Jeopardy Case The United States Supreme Court ruled unanimously this month that the Illinois Supreme Court “manifestly erred” when it ordered the retrial of a criminal defendant on charges of aggravated battery and mob action. The retrial, the Court found, would have violated…
Crime and Mental Illness in Illinois
The Cook County Sheriff’s Office reports that 44% of individuals arrested and brought to Cook County jail for intake on May 22 self-reported as mentally ill. Even if we assume that arrestees self-report at a higher rate because they believe claiming mental illness will grant them leniency, it is still…
Illinois Appellate Court Overturns Conviction Due to Unlawful Search and Seizure
Once again Chicago police violated a citizen’s Fourth Amendment right against unlawful search and seizure. On April 30, the Illinois Appellate Court issued a ruling in People v. Sims re-affirming that police must have a reasonable suspicion of criminal activity before they can stop and search an individual. People v.…
Defense Against Illinois Drug Possession with Intent to Deliver
Illinois Cook County Sheriff’s officers arrested a Minneapolis man in March after a traffic stop revealed that the man had 25 pounds of crystal methamphetamine in his vehicle. Officers pulled the vehicle over in Arlington Heights after observing it commit several traffic violations. The drugs were found after the driver…
Illinois May Decriminalize Possession of Small Amounts of Marijuana
The Illinois legislature is considering enacting new laws that would decriminalize possession of small amounts of marijuana. The proposed bills fall short of legalizing pot, as Colorado and Washington do, but would instead align Illinois with 16 other states that no longer incarcerate individuals caught with small amounts intended for…
Illinois Police Conduct Unlawful Search and Seizure in Traffic Stop
The Fourth Amendment of the United States Constitution protects citizens from unlawful searches and seizures. Yet it is the most frequently violated civil right, and on March 20th the Illinois Supreme Court ruled that yet another police officer violated that right by conducting an illegal search and seizure. If a…