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Recent Blog Posts
Illinois Traffic Stops Must be Based on a Reasonable and Articulable Belief of a Traffic Violation
A police officer simply cannot stop you in Illinois on the grounds of drunk driving. Rather, law enforcement is not permitted to make a traffic stop without a reasonable and articulable belief that the driver has violated a traffic law, i.e., a reasonable suspicion that a law was broken. Stopping a driver for anything short of a reasonable and articulable belief that the driver has violated a traffic law would be an illegal seizure of the driver, which is a violation of the driver’s Fourth Amendment rights. Many people who are facing a DUI may be facing charges that are based on no actual violation of a traffic law. When there is no evidence of a reasonable and articulable belief that the driver broke the law, it means that the traffic stop was illegal.
How Do DUI Charges Come About?
Once a legal traffic stop has been made, a police officer can then witness evidence or facts that could lead the officer to believe that the driver was recently drinking alcohol, at which point a police officer can make allegations that the driver is driving while under the influence. Police can make a DUI arrest when they have a probable cause to believe that the driver broke the law. However,that is not to say that a driver may have engaged in activity while behind the wheel that made police suspicious as to whether the driver was under the influence of alcohol. There is a line between violating a traffic law and conducting oneself in a legal fashion, and sometimes police make mistakes about where that line is drawn.
Police Performing Community Caretaking Function Can Arrest for DUI
Generally speaking, police need to have a good reason—probable cause—to make a traffic stop. Otherwise the traffic stop is an illegal seizure under the Fourth Amendment. However, there are limited exceptions to the prohibition against illegal seizures, and one of those exceptions arises when police are acting in their community caretaking function.
Police Officers As Community Caretakers
The community caretaking function of a police officer occurswhen an officer engagesin an activity, other than the investigation of a crime, that helps those in the community. A few examples include helping lost children find their parents, responding to non-criminal calls such as helping people, assistingwith missing person cases, or helpingdrunk citizensreturn to theirhomes (presuming that the drunk individuals are not violating the law).
Illinois Law Enforcement Receive Federal Grant to Identify Drugged Drivers
Driving under the influence of drugs is illegal under Illinois law. A person is considered to be under the influence of drugs if his or her ability to drive safely is impacted by the drug use. Under Illinois’ zero tolerance policy when it comes to drugged driving, even a trace amount of drugs found in a driver’s blood, breath or urine, is sufficient to prompt criminal DUI charges. These laws apply to all drugs that are identified in:
- Illinois Cannabis Control Act under 720 ILCS 550;
- Illinois Controlled Substances Act under 720 ILCS 570;
- Use of Intoxicating Compounds Act 720 ILCS 690; and
- Methamphetamine Control and Community Protection Act under 720 ILCS 646.
The list of drugs covered by the above statutes include all kinds of drugs and controlled substances, such as marijuana, heroin, cocaine, methamphetamines, MDMA, and other popular drugs.
Illinois House of Representatives to Consider Decriminalizing Marijuana Possession
The Illinois legislature is taking another shot at decriminalizing the possession of small quantities of marijuana. In recent years, the legislature has unsuccessfully attempted to accomplish decriminalization, with bills often being derailed during the approval process. A similar bill was proposed last year, but was vetoed by Governor Bruce Rauner. However, Governor Rauner offered guidance to legislators on how to modify the bill so that it would have better success at being approved—the governor was concerned that the old version of the bill allowed people to carry too much marijuana and did not require the payment of a large enough fine. The new bill, SB 2228 incorporates the governor’s guidance.
With so many other states legalizing the use, purchase and possession of marijuana, it seems thatstates like Illinois are slowly catching on that possession of small quantities of marijuana might not be such a horrible crime that warrants serious consequences, such as arrest, jail time, and a criminal record. There are more than 100 local communities in Illinois that have already passed local measures that remove criminal penalties from marijuana possession, when the quantity in question is small.
New Illinois Bill Could Give Juveniles Quicker Detention Hearings
Juveniles are just children or teenagers; they make poor choices from time to time, and they make mistakes. When young people are involved in minor crime, and arrested for it, their detention by police can place a terrible burden on the juvenile and his or her family. For the juvenile’s family, there is a sense of uncertainty and worry until a judge reviews the juvenile’s case. For the juvenile, detention can mean being locked up for a long period of time away from people he or she knows and loves.
Children and teens need love and support when they are in trouble, and isolating them away to wait for the review of their case can be stressful. Moreover, detaining teens for extended periods of time can be detrimental to their well-being. It can cause them to panic, worry, and fret incessantly. Detention can trigger severe emotional and psychological reactions, especially if the juvenile is generally a good kid who made a silly mistake, or foolishly listened to the bad advice or goading of his or her friends, which landed him or her in juvenile detention. It is unfair and unjust to unnecessarily force juveniles to be detained any longer than is absolutely necessary. Juveniles should be rejoined with their families and loved ones as quickly as possible.
I Didn’t Commit Illinois Theft. I Borrowed Something and Forgot to Return it!
Everyone can relate to the experience of borrowing something from someone else. You may have either borrowed something yourself, or have lent an item to someone else. Lenders often become upset when the property that they have lent does not get returned to them. Sometimes people find themselves facing theft charges when they merely borrowed something and forgot to return it. It could be an honest mistake—mistakes happen to the best of us. But what do you do when you are being charged with criminal theft because of a little mistake?
Theft in Illinois
Under Illinois law, in order to be convicted of theft, it must be shown that the criminal defendant:
- Knowingly obtained or exerted unauthorized control over property belonging to another;
- Never intended toreturn the property to the owner.
The good news is that theft requires an element of intent—a thief must have the specific intent to deprive the rightful owner of the property permanently. As a forgetful borrower, you lack the specific intent to commit theft.
Work Zone Safety is Taken Seriously by Illinois Law Enforcement
In honor of National Work Zone Safety Week, law enforcement across Illinois put forth effort to raise awareness about exercising care when driving through active and inactive work and construction zones. National Work Zone Safety Week was the week of April 11th 2016, according to the U.S. Department of Transportation Federal Highway Administration.
Highway construction is a problem that is acutely experienced by drivers in Illinois, especially around big cities. However,road construction is a necessary part of maintaining our highways and byways. As such, it is important that drivers exercise care when driving through a work zones. Law enforcement takes traffic violationsin work zones very seriously.
Work Zone Safety Stats
According to the Illinois Department of Transportation, there were more than 4,300 accidents that occurred in construction zones in 2015. Of these accidents, 1,000 resulted in injuries to construction workers, drivers and passengers. There were also 46 fatalities resulting from work zone traffic accidents. More often than not, it is motorists who are passing through a work zone who are involved in traffic accidents. Inattentiveness, driving at too high of a rate of speed, and following too closely are some of the leading causes of work zone traffic accidents.
The Crime of Theft by Deception in Illinois
The crime of theft can take many forms in Illinois. One way to commit theft is through the use of deception to obtain control over property belonging to another. Under 720 ILCS 5/16-1(2), theft by deception is illegal. Just like with ordinary theft and retail theft, the fines and punishments associated with the theft crime is tied to the value of the item that was stolen by the use of deception. The fine can range from $5,000 to up to $100,000. Additionally, penalties can be steeper if the victim was over the age of 60 years old or if the criminal defendant posed as a landlord in order to steal money or property from the victim. When you are facing criminal theft charges, a theft attorney can help you.
Just like normal theft, theft by deception involves the taking of property from another with the intent to deprive the owner of the property or his or herenjoyment of the property. The elements required to prove theft by deception include:
When Minors Get in Trouble With Alcohol, You Need an Illinois Juvenile Offenses Lawyer
Young people are often curious about alcohol, and sometimes their curiosity can land them into trouble. Rather than wait until they reach the legal age of 21 to buy, possess, and consume alcohol, juveniles find ways to gain access to alcohol, in violation of the law. Minors do notalways understand the risks that they are taking, as well as the potential consequences of possessing, consuming, or trying to purchase alcohol when underage.
As a general rule, it is illegal for a person under the age of 21 to possess or consume alcohol in Illinois. A minor who is caught violating the law can face being charged with a Class A misdemeanor along with the suspension of his or herdriver’s license.
License suspensions can last for three months when aminor is issuedcourt supervision, six months when the convicted minor is a first time offender, and up to a year for a second conviction. Any third or subsequent conviction for a minor in possession or consumption of alcohol will result in a revocation of the minor’s driver’s license.
Drug Sniffing Dog Laws in Illinois
Criminal defendantscan end up facing drug charges as a result of detective work done by a drug sniffing dog. Drug sniffing dogs comprise one of Illinois law enforcement’s most useful resources when it comes to finding drugs. These dogs are highly trained to find all kinds of drugs, from marijuana to heroin. Illinois drug sniffing dogs have to go through a rigorous training program and must obtain certification and recertification every year.
The United States Supreme Court has consistently held that a dog sniff is not a search within the parameters of the Fourth Amendment to the United States Constitution. However, when a dog is deployed for a sniff at a person’s private home, the dog, and law enforcement, enter into Fourth Amendment territory. Hence, theymust execute a search of a person’s home with a drug sniffing dog in accordance with the law.
Drug Sniffing Dogs and Traffic Stops
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