In the first six weeks of this year, 25 Lake County residents died from drug overdoses, and heroin caused more than half these fatalities.
The numbers have been steadily increasing since 2014 and then spiked significantly at the beginning of 2017. Lake County Coroner Merrilee Frey said she was alarmed over the increase not only in heroin deaths, but also in fentanyl overdoses. Heroin’s availability and ease of access have contributed markedly to the increase in OD deaths, she opined. She suggested that a more aggressive anti-drug campaign was the best way to stem the rising tide.
Many people consider heroin to be the next step up from prescription drug dependency, which is another factor contributing to the dramatic usage increase.
Drug Crimes in Illinois
Arrests are about the only measure of victory in the “war on drugs,” so police officers are aggressive in this area, and anyone remotely related to drug activity is often caught in the police dragnet. As the number of overdose deaths increases, so will the pressure to make more arrests and “do something” about the problem.
The Illinois Controlled Substances Act covers most drug crimes in Illinois. In most cases, the prosecutor must establish three elements to obtain a conviction in a simple possession case:
- Nature of the Substance: Officers usually “field test” for heroin, cocaine, or other drugs, but the “field test” is sometimes not much more than a visual inspection, and in any case, the testing officer is almost never a chemist or even a police technician. Laboratory tests are much more reliable, but the prosecutor must prove that the substance in court is the same one seized from the defendant and that no one had an opportunity to tamper with the substance.
- Knowledge: For example, prosecutors must prove that the defendant knew the substance was heroin and not something that looked like heroin. This prong is usually the easiest one to prove, although sometimes defendants know they are transporting something illegal but do not specifically know that it is heroin or whatever is alleged in the indictment.
- Possession: Mere proximity is not enough, and this issue often comes up in vehicle possession cases. If I am riding in a car and there is heroin in the glove compartment, I must know it is there and have the ability to retrieve it (i.e. I was in the front passenger seat and the glovebox was unlocked).
In Illinois, the presumption of innocence alone is enough to defeat the prosecutor’s case, so the state’s evidence must be of such an overwhelming nature that it overcomes this presumption.
On top of a lack of evidence, there are many procedural defenses in drug crimes cases. For example, police can only seize evidence if they have a valid warrant based on probable cause or if one of the limited warrant exceptions applies. Illegally seized evidence must be excluded from the trial, leaving the prosecutor unable to prove the case.
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(image courtesy of Hendrike)