Owners do not have a reasonable expectation of privacy in computer IP addresses, according to a decision from the Seventh Circuit Court of Appeals. United States v. Caira is binding in Illinois and several other states, unless and until the Supreme Court of the United States rules otherwise. Facts Around 2008, the Drug Enforcement Agency learned that someone tried to buy sassafras oil – which is a component in ecstasy – with gslabs(at)hotmail(dot)com from a website in Vietnam. After issuing...

For better or worse, bicyclists in Chicagoland now have the same rights as motorcyclists, truck drivers, and all other motor vehicle operators, thanks to House Bill 5192. Rep. Anna Moeller (D-Elgin) sponsored the measure, and a local attorney helped draft it. In its final form, H.B. 5192 is much more of a clarification of existing law as opposed to something new because the Vehicle Code already says that bicyclists have the same rights as motorists. Calls for change came after...

As the Cubs look to finally erase the Curse of the Billy Goat and White Sox fans look forward to seeing the cream of the Charlotte Knights’ roster in action during the season’s last six weeks, we can pause and reflect on the moment when Major League Baseball and pre-divorce spousal agreements took center stage in Southern California. In the early 2000s, Los Angeles billionaire power-couple Frank and Jamie McCourt acquired the

Suspects have no constitutional right to consult with lawyers when presented with a lawful demand for a chemical sample via a Breathalyzer test, according to the Commonwealth of Massachusetts’ Appeals Court. Like most other DUI cases, Commonwealth v. Neary-French began with a traffic stop. A Berkshire police officer received an anonymous tip that a driver was “’bumping into’” another vehicle. Based solely on this tip, that officer detained Timothea Neary-French. After backup arrived, Ms. Neary-French performed several field sobriety tests....

As part of an ongoing effort to reform the system, Chicago is one of 29 jurisdictions in the country that will use a computer program to set the amount and type of bail in criminal cases. Chief Judge Timothy Evans said that the Public Safety Assessment would be a welcome change. “For the first time, our pretrial services staff will offer judges an entirely objective risk assessment score to consider when making release/detention decisions,” he said. Instead of magistrate judges...

Several recent United States Supreme Court cases, most notably Heien v. North Carolina (2014) and Utah v. Strieff (2016), have vastly expanded police powers when it comes to detaining motorists whom authorities suspect of driving under the influence or other criminal activity, but in most cases, peace officers still need an independent legal basis for such moves. Challenging the legal basis for the stop is often an effective defense strategy because if the initial stop was illegal, any evidence obtained...

Authorities charged an 80-year-old man with DUI following a minor wreck in Barrington Hills. The crash occurred near the intersection of Route 68 and Bateman Road. According to Barrington Hills police, Donald Cikauskas was westbound on Route 68 when he collided with another vehicle and pushed it onto the eastbound side. Both cars then crossed back onto the westbound side and then onto the right shoulder. Mr. Cikauskas and the other driver, whose name was withheld, were

In many situations, the stiff fines and long probation or jail terms associated with criminal convictions are only part of the punishment because a criminal record can disqualify certain individuals from pursuing certain career paths, and in some cases, make it more difficult to find any job. By being proactive, there are ways to minimize, or even eliminate, these secondary negative consequences. Informal Expungement One way to avoid this negative fallout is to arrange a plea to a different offense...

As part of a continuing statewide trend, Illinois Governor Bruce Rauner signed a law that ended jail sentences for most marijuana possession cases. Instead of a Class B misdemeanor, possession of 10 grams or less is now a maximum $200 fine. A medical marijuana law is already on the books, as is a Chicago city ordinance that gives police officers the option of issuing citations instead of arresting people who have 15 grams or less of marijuana. Advocates on both...

Thirsty Illinoisans all over the state recently raised a glass to celebrate the return of happy hour to the Prairie State. Under the new law, establishments may sell discounted drinks for up to four hours per day to a maximum of fifteen hours per week; there can be no discounts from 10:00 p.m. to closing time. Drink specials may also be part of “meal packages” and “party packages.” Some of today’s alcohol consumers were not even born when the state...

This question has plagued American lawmakers since before America existed. Beginning in the colony of Massachusetts in 1751, authorities began issuing writs of assistance. These general warrants authorized the search of a particular premise without specifying the nature of the criminal activity. They basically had no expiration date and were even transferrable. Their use died out by the late 1760s after a howl of protests from colonists that the writs violated their rights as British subjects. In response to this...

In criminal matters, prosecutors may use either direct or circumstantial evidence to establish guilt. For example, if the police find a gun belonging to the defendant at a murder scene, that is circumstantial evidence of guilt; if the defendant admits to killing the victim during interrogation, that is direct evidence of guilt. Both types of evidence may or may not be admissible, but that is the subject of another blog. Operating a Motor Vehicle There are basically three elements in...

The New Hampshire state Senate recently killed a measure that would have made the still-controversial idea part of that state’s experienced Schaumburg criminal defense attorney at Glasgow & Olsson. Convenient payment plans are available. (photo courtesy of Ken Lund)

A Chicago Alderman wants to amend the Municipal Code and broaden the hate crime law to include police officers and first responders. It is already illegal to commit most crimes that are motivated by “race, religion, color, national origin, active or prior military status, or ancestry.” A proposal from 14th Ward Alderman Edward Burke would add “past or current employment as a law enforcement officer, firefighter, or an emergency medical services provider” to the existing law. The so-called Blue Lives...

A recent Supreme Court decision introduced a new element into the reasonable suspicion inquiry regarding DUI arrests. In recent decades, reasonable suspicion has been largely a fact-based inquiry. But now, judges will probably allow officers to make judgement calls based on the facts as they see them. Moreover, these officers may receive a great deal of leeway if their judgements are erroneous. The Stop Some stops are based on an informer’s tip. The informer could be almost anyone, but 9-1-1...