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This case is one of several decided this year where the holdings of United States v. Heller, 554 U.S. 570 (2008), McDonald v. City of Chicago, 561 U.S. 742 (2010), and People v. Aguilar, 2 N.E. 3d 321 (Ill. 2013) declaring certain firearm possession statutes in...
A Chicago Police Officer put an “investigative alert” out for the Defendant, claiming that there was, in the opinion of someone in the Chicago Police Department, probable cause to believe that the Defendant has committed a crime without going to a neutral, detached...
An Illinois State Trooper performed a legitimate traffic stop, and learned the Defendant was driving a rental car. The trooper places the Defendant in the trooper’s car for 25 minutes seeking proof that the Defendant was a listed driver on the rental car, including...
This case was actually decided in December of 2018, but my law clerk convinced me that it should be included in my presentation, and I believe she was right. In this case, the Illinois Supreme Court concluded that the affidavit for a search warrant for a home was...
People v. Eubanks, 2019 IL 123525 (2019) was decided on 12/5/2019. Here is a link: https://courts.illinois.gov/Opinions/SupremeCourt/2019/123525.pdf In a case where a driver is charged with First Degree murder and Aggravated DUI where the Defendant’s urine was taken...
This is the second “Best ‘Top Ten’ 4th Amendment post. This case is not part of the top ten, but deserves honorable mention as it will be decided at some point this Term. The Question Presented on a Case where the briefing and oral argument are completed and will be...
Bill Wolf of the Law Office of Bill Wolf, LLC gave a presentation last Wednesday to the Chicago Bar Association’s Criminal Law Committee outlining, in his opinion, the most important 4th Amendment cases of the last year for Illinois criminal defense lawyers. After the...
Tomorrow, the ABA House of Delegates will be considering adoption of ABA Resolution 114, which eliminates the presumption of innocence in sex assault cases by requiring an accused to receive affirmative consent from his or her partner before proceeding. In other...