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...

Nearly all local judges are essentially ignoring the new guidelines that are designed to make the bond system more efficient, predictable, and fair, according to a Cook County Sheriff's Office study. In about 85% of cases, judges deviate from the pretrial guidelines. The study noted that the deviations were “inconsistent,” even when considering the defendants’ backgrounds and the nature of the charges against them. Last month, Illinois Supreme Court Justice Anne Burke, one of the new system’s architects, said the...

Roadblocks, or checkpoints, first appeared in significant numbers in the 1970s. In most cases, groups of officers pulled over every vehicle that passed, ostensibly to verify drivers’ licenses or for some similar purpose. In reality, these checkpoints had one purpose: to allow officers to conduct warrantless searches of persons and vehicles to look for evidence of drug crimes, alcohol offenses, weapons violations, and other infractions. Despite the fact that checkpoints clearly involved stops without any reasonable suspicion or other basis,...

In a highly-anticipated decision, the Supreme Court Justices approved of some controversial laws and procedures in the area of DUI evidence, while they put a stop to some others. Facts and Procedural History Nearly all states, including Illinois, are “implied-consent” jurisdictions, which means that all drivers theoretically consent to Blood Alcohol Content (BAC) chemical tests when they receive their driver’s licenses and, as a result, the state can suspend their licenses if they later refuse consent. In recent years, some...

A Brief History of Search Warrants

posted on 7/11/16

When the United States federal government first sat down to business in the spring of 1789, one of the first items on the agenda was a slate of proposed constitutional...

Article I, Section 8, Clause 3 in the United States Constitution gives Congress broad powers to regulate drug crimes, according to a 7-1 decision in Taylor v. United States. Facts and Procedural History In 2009, Anthony Taylor and other members of the self-styled “Southwest Goonz” staged home invasion robberies of two local marijuana dealers. At each location, Mr. Taylor and his cohorts demanded drugs and money, but left with little more than personal items, like cellphones and less than $50...