School drug testing is a relatively new policy in Illinois and throughout the U.S., so students and their parents often raise questions about whether the practice constitutes a civil rights violation. As a teacher, you are in a very different and difficult position. While you should seek advice and more specific information from an Illinois criminal defense attorney, it can be helpful to understand some of the basics behind drug testing in the educational environment. Overview of Fourth Amendment Protections...

Drug testing in schools is a relatively recent constitutional issue, coming before courts more often in the 1980s during the government’s “War on Drugs” and attempts to keep controlled substances out of the hands of children. At its core, drug testing is a form of search, which triggers a person’s Fourth Amendment right to be free from unlawful search and seizure by public officials. Have you been asked to submit to drug testing at school? While you might be concerned...

Though it is important for students to understand how school policies impact their own constitutional rights, parents also have an interest in knowing the effects of these policies on their children. Drug testing is a key issue in recent years as school districts and government bodies implement rules to maintain drug-free school zones. However, drug testing is a form of search, which means it must not violate Fourth Amendment protections against certain actions by public officials. If your child has...

March is a great time to get out of the house, visit with friends, and enjoy some college basketball. Perhaps you decide to celebrate your team advancing in the tournament with a few drinks at the bar. This innocent decision can land you in some trouble if you are pulled over on your way home. If you have been stopped for drunk driving in Illinois, you are probably wondering what happens next. The good news is that at this point,...

Spring is finally here, and with it comes some exciting college basketball. Perhaps you have been out enjoying the tournament, indulging in a few beers with friends. A celebration of your team's victory can end in defeat if you are pulled over by the police on your way home. You probably know that the police can request a breathalyzer or other chemical test to determine your blood alcohol concentration (BAC) in an Illinois DUI case. However, there is a lot...

Many Chicagoans will be celebrating St. Patrick’s Day this weekend, and unfortunately, some of those people will get behind the wheel after having a drink too many. The penalties for DUI are severe under the Illinois drunk driving statutes, but many people do not realize that there are multiple opportunities to fight the charges. The following will cover the various strategies for defending DUI allegations, starting with challenges to the stop by police. If you are pulled over on suspicion...

Continuing our series on what is permissible regarding school searches, we turn to how far officials can go when investigating students suspected of criminal activity. The school environment does permit searches under certain circumstances, especially where necessary to ensure student safety on school grounds. However, the reasonableness standard still applies and students do have rights. If you or your child was arrested based upon a questionable search, an Illinois school searches defense attorney can help. Overview of Searches in Schools...

With St. Patrick’s Day around the corner, many Chicagoans are gearing up for a raucous weekend on the town. While you are no doubt aware that there can be serious legal consequences for violating

Social media is a great way to stay in touch with friends and family and share what is going on in your life. However, there is a downside to social media use if you are a suspect in a crime or were arrested on criminal charges. There are ways to prevent negative social media use as you should be careful when you post certain information online. It is important to work with a knowledgeable Illinois criminal defense attorney to build...

Law enforcement and school officials at all levels have been cracking down on drug crimes in schools. Police have even resorted to conducting searches by using drug-sniffing dogs and specially trained K-9 units. Because they seem rather invasive, you may have concerns about whether these activities are a violation of students’ legal rights. The answer is far from simple. You should discuss your situation with an Illinois criminal defense and school searches attorney, but some general information may be helpful....

From Roger Stone to Jussie Smollett, there have been a number of recent high-profile court cases going before grand juries at the federal and state level. We have heard of grand jury indictments handed down and hours of grand jury testimony given. So, what exactly is a grand jury? Many people have misconceptions about how grand juries work, often confusing them with the juries that would decide the verdict in a criminal case. There is an assumption that a grand...

The scene is a common one in Illinois: You are out with friends and the police pull you over, perhaps for a relatively minor traffic violation, like rolling through a stop sign, speeding, or having a broken taillight. Officers conduct a search and find that another person in the car has marijuana. Instead of a traffic ticket, now you are charged with possession of drugs. You could face jail time, steep fines, probation, and other penalties – even if you...

We previously covered the standards of school searches from the perspective of administrators. It is also important to review the constitutionality of investigations from another key individual’s point of view — the student that is being searched. As shootings, bullying, and violence are on the rise, teachers and administrators will intensify their efforts to keep students safe. Though security and safety issues are critical, searches must still comply with an individual’s civil rights, even if that individual is a minor....

Today, students from kindergarten up to college face safety threats that were unimaginable a generation ago. School shootings, bullying, beatings, and other issues have prompted many administrators to take a hard stance against criminal activity on school grounds. As part of their strategy to make the premises safe, many administrators resort to conducting searches of their students – either individually or as part of a systematic approach. These searches prompt many questions about the scope of school searches, particularly what...

Following in the footsteps of New York, Washington recently became the second state to prohibit an insurance product offered by the National Rifle Association (NRA), Carry Guard, which provides monetary benefits to legal gun owners who are arrested in connection with gun crimes. In a January 16, 2019 statement, the Washington Insurance Commissioner announced that the insurance product violates state law barring policies that protect criminal activity. According to the Chicago-Sun Times, California has also taken similar action, prompting many...