Kane County Nuggets

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Scott’s Law In Illinois 625 ILCS 5/11-907(c)

Scott’s Law in Illinois is the requirement that drivers slow down and move over when police cars or other emergency vehicles are stopped on the roadway. Scott’s Law Basically Says… Scott’s law requires that a driver proceed cautiously when an emergency vehicle is stopped and Move over and change lanes and/or Slow down if changing lanes is impossible. The law imposes enhanced penalties, a possible driver license suspension, and even jail time for severe violations. 625 ILCS 5/11-907(c) The exact ...

In 2020 Can Police Search Your Car If They Smell Marijuana?

After Illinois passed the Cannabis Regulation and Tax Act which became effective in 2020, can police still search a car when they smell cannabis? The Old “Smell Of Weed Rule” In Illinois Before Decriminalization Of 2020 The warrantless search of a car is authorized “where a trained and experienced police officer detects the odor of cannabis emanating from a defendant’s vehicle.” People v. Stout , 106 Ill.2d 77, 88 (1985) The question today, is if this rule survived the cannabis law change in 202...

Chicago Police Body Cam Discovery With Peter Lewis: What To Do When You Don't Get It

Episode 724 (Duration 33:57) . Chicago defense attorney Peter Lewis explains what a litigant can do when their criminal discovery is missing the police body cam video. In This Case... The State's Attorney's position is if they didn't get it from the police then it doesn't exist. Attorney Peter Lewis Am I Entitled To Have The Police Body Cam In My Case? Yes. Generally, speaking a criminal defendant is going to be entitled to possess a copy of the police body cam or cams involved in his or her cas...

Illinois v. Caballes: The Police Drug Dog Sniffer Case

Illinois v. Caballes, 543 U.S. 405 (2005) . SCOTIS Notice (Duration 1:43) This is the SCOTUS case that set the framework for the use of drug dogs in the United States. [insert mp3 player] This opinion normalized the use of drug dogs by police departments during traffic stops. The case concluded that police don't need a warrant when they walk a drug dog around a car during a traffic stop. Issue Do police need a warrant to use a drug dog to sniff a car during a traffic stop? Facts Driver was stopp...

What To Do About Fatally Flawed Criminal Charges: Alan Downen Interview

People v. Rowell , 229 Ill. 2nd 82 (May 2008) . Episode 686 (Duration 31:58) What's the best way to handle legally insufficient criminal charges? In this episode you get a feel for what it's like working in the criminal law. Subscribe: Apple Podcasts | Google Podcasts | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Illinois attorney Alan Downen walks us through the detailed intricacies of just one issue in criminal litigation: In Thi...