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Recent Blog Posts
Is the Fourth Amendment Still Applicable in the IT Age?
Katz v. United States established a precedent in terms of the concept of “search,” providing that an individual in America (at least circa 1967) had the right to an expectation of privacy that society is prepared to recognize as reasonable, therefore upholding the defendant's Fourth Amendment rights.
The problem is that society is no longer sure itself.
The standard set by Katz, that “What a person knowingly exposes to the public even in his own home or office, is not a subject of Fourth Amendment protection,” seems to create a very clear standard, at least with today’s hindsight, that nothing sent by email, or discussed on the phone now meets that very basic standard. An email on a cell phone can most certainly be checked by customs officials these days in any U.S. or international airport.
How to Become a Medical Marijuana Patient in Illinois
As of January 1, 2014, it is now legal to use medical marijuana (cannabis) in the state of Illinois. Patient registrations are about to begin. However, those who qualify under the new trial program established by the Illinois Medical Cannabis Pilot Program must go through a strict qualification process and follow established rules for both acquisition and possession to ensure that they stay within the purview of state law.
It is currently estimated that up to 10,000 Illinois residents have conditions that qualify under the statute. That said, it is extremely important that those who believe that they might qualify follow the rules as set out by the state.
Process of Qualification and Registration
Prospective patients with last names beginning with letters A through L can register in September and October. People with last names beginning M through Z can apply in November and December. Applications, according to state officials, are expected to take up to 30 days to review.
Can Cigarettes be Considered Illegal Contraband under Federal Law?
We often hear about police stopping a car and discovering illegal drugs such as cocaine or marijuana.
But cigarettes?
Although legal, cigarettes are heavily taxed and regulated in Illinois and other states. In fact, it is a federal crime to sell, transport or otherwise distribute “contraband cigarettes.” In this context, “contraband” means any quantity greater than 10,000 cigarettes where there is no evidence the person in possession paid the required state and local taxes.
For example, under Illinois law, a cigarette package must contain a stamp indicating payment of the state's tax. Any cigarettes sold within Illinois borders without such a stamp is considered contraband. Thus, if a person brought a shipment of 30,000 cigarettes from Ohio to Illinois without paying Illinois tax, that would violate both state and federal law.
Defendants Pleading Guilty Still Entitled to Due Process Rights
Only a small percentage of criminal cases in the United States ever go to trial. Most criminal cases end in a defendant's guilty plea. Even a plea bargain, though, requires the assistance of an experienced criminal defense attorney because prosecutors and the courts must still respect a defendant's constitutional right to due process.
As the 7th U.S. Circuit Court of Appeals in Chicago recently explained, even a seemingly minor procedural issue can have serious due process implications. The Court determined that a defendant's guilty plea was invalid because the trial judge improperly delegated the handling of the plea to a lower official, known as a magistrate judge.
Circumstantial Evidence & Prescription Drug DUI Charges
Driving under the influence does not always require the use of alcohol or an illegal drug. Under Illinois law, a person commits a crime whenever he or she drives “under the combined influence of alcohol, other drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving.” This can include prescription drugs. In fact, because prescription drugs are more difficult to chemically test on the road, courts may be more likely to convict a defendant for prescription drug DUI based on mere circumstantial evidence.
Evidence to Support a DUI Conviction in Illinois
Faulty Breathalyzer Tests Lead to False DUI Convictions
All Illinois residents appreciate the dangers of drunk driving. But it is important that efforts to improve traffic safety prevent DUI-related accidents do not lead to the trampling of rights for those suspected of DUI.
In 2012, more than 10,000 people died in alcohol-related crashes in the United States, according to the National Highway Transportation Safety Administration. By NHTSA’s own estimate, that works out to one death every 51 minutes because of an alcohol-impaired driver. Given such statistics, police and prosecutors take the enforcement of drunk driving laws seriously. Yet, this also leads to an overreach, and prosecutors may be winning DUI convictions based on faulty evidence.
Illinois Court Rules U-Turn Did Not Justify Police Stop
Although the Fourth Amendment prohibits “unreasonable searches” without a warrant, the courts have long held there is an exception for “reasonable” highway checkpoints where police may stop all cars in a designated area. In some cases, a motorist who intentionally avoids a roadblock may provide police with reasonable suspicion to stop and search his vehicle. But this is not always the case, as a recent Illinois appeals court decision explains.
People v. Timmsen
In December 2011, Illinois State Police operated a checkpoint at Highway 136 near a railroad crossing. The defendant was traveling down the highway when he made a legal U-turn before reaching the roadblock. State police stopped the defendant, checked his license and registration, then arrested him since his license was suspended.
Illinois Police May Search Your Luggage, Even Without a Warrant
Earlier this year, the Illinois Supreme Court drastically expanded the scope of drug searches that police may conduct without a warrant. Normally, the Fourth Amendment requires police obtain a warrant from a judge before searching a person's home or belongings. There is a long-recognized exception to this requirement for searches that take place “incident to arrest.” This exception allows police to conduct an immediate search of a person under arrest, without a warrant, to ensure he or she is not carrying weapons that might endanger the officer's safety or, alternatively, to prevent the concealment or destruction of evidence related to the arrest.
In other words, if police arrest a person for illegal drug possession, they may search the person or any area “under his immediate control” to locate evidence related to said drug possession. But what about when the person is under arrest for a non-drug-related charge? Can police still conduct a warrantless search for drugs?
Judges May Not Impose Harsh Sentences Without Cause
The importance of having a qualified Illinois criminal defense attorney cannot be overstated when a person faces serious federal or state drug charges. Prosecutors and judges often deal with drug offenders harshly—in many cases, too harshly. Zealous representation is often the only safeguard a person has when facing years, if not decades, in prison.
An Unexplained Sentence
A recent decision by the 7th U.S. Circuit Court of Appeals in Chicago illustrates how good representation can protect a client's interests. The defendant in this case pleaded guilty to possessing more than 750 grams of heroin. While he did not contest his guilt, his attorney still proved invaluable when it came to sentencing.
In federal drug cases, judges must adhere to a series of guidelines published by the United States Sentencing Commission. These guidelines establish “ranges” based on a defendant's crime and past record. Prosecutors and defense attorneys may then argue for adjustments upward or downward from the sentencing range. The judge determines the ultimate sentence, but any significant departure from the guidelines must be explained.
Survey Shows Rockford Leads Illinois in Drunk Driving Arrests
On July 1st, the Alliance Against Intoxicated Motorists (AAIM) released its annual survey charting arrests for driving under the influence throughout the State of Illinois. AAIM is a citizens’ group, partly funded by the Illinois Department of Transportation, that focuses on helping victims of drunk driving in the State of Illinois. The group is perhaps best known for its “Drunkbusters” program, which encourages citizens to report drunk or erratic driving to police.
AAIM Actions
For more than 20 years, AAIM has surveyed state and local police departments throughout Illinois to document DUI arrests. According to the most recent survey, which included more than 700 police departments and covered drunk driving arrests in 2013, the Rockford police recorded the most DUI arrests of any department for the seventh consecutive year. Rockford tallied 556 arrests, which actually represented a 20 percent decrease from 2012. Naperville finished a close second with 553 arrests, followed by Decatur (485), Springfield (410), and Carol Stream (392).
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