A recent Illinois Appellate Court decision in People v. Neal, No. 1-09-2814 (June 29, 2011) Cook Co., 3d Div. is just another example of the current eroding of the Fourth Amendment. A Chicago Police Officer detains a man who is out on the yelling “blows”. He never sees the defendant with any drugs or money [...]
Read More delivery of a controlled substance, drugs, felony, first amendment, Fourth Amendment, heroin, PCS, possession of a controlled substance, probable cause, search and seizureThe next court date for a criminal defendant charged with a misdemeanor offense is generally a status date for the defendant to have his defense attorney file an appearance and request any evidence in the case that the State will be using against the defendant. If the case is going to result in a plea [...]
Read More arraignment, Domestic Battery, drugs, felony, grand jury, indictment, misdemeanor, preliminary hearing, probable cause, true billThis is an interesting story from the Daily Herald: http://www.dailyherald.com/story/?id=405169. A woman is suing the police and the Lake County State’s Attorney’s office for malicious prosecution and wrongful arrest for DUI. She was pulled over for DUI and Police and the State’s Attorney’s Office obtained a warrant to take her blood. She refused to comply [...]
Read More Blood Alcohol Concentration, constitutional rights, DUI, DUI blood draw, Fourth Amendment, probable cause