Michael C. Rosenblat Criminal Law Blog

 

            People v. Peterson, 2012 IL APP
(3d) 100514-B, 2012 Ill. App. LEXIS 269 (April 12, 2012)

 In this opinion the Appellate Court
addresses the admissibility of hearsay statements allegedly... Read More

Challenging a Search Warrant

In United
States v. Spears, (March 8, 2012) the 7th Circuit Court of
Appeals found that even though there were misrepresentation in the affidavit
presented to the magistrate judge, by the police, there was still sufficient
evidence to support a finding of probable cause. 

On... Read More

     Center Console of a car is a “Case” under weapons statutes

     Court finds that a gun placed in the center console of a car
is “encased” for purposes of the aggravated unlawful use of a weapon statute.

     In Read More

Two recent appellate court cases both discussed the
constructive possession of a weapon and both reached different conclusions.

In People v. Spencer,
2012 IL App (1st) 102094 (Feb 2, 2012), the defendant was convicted
of unlawful use of a weapon in that defendant unlawfully... Read More

U.S. District Judge Emmet Sullivan who presided over the
prosecution of former Alaska Senator Ted Stevens has ordered that the report
which criticizes the prosecution be release on March 15, 2012.  Stevens was prosecuted and found guilty in
2008 but was ultimate vindicated prior to sentencing after the court learned that
the prosecutors mismanaged the case.  The
report is said to be 500 pages long and the court is delaying its... Read More

In People v. Rhinehart, 2011 IL App (1st) 100683, a Chicago Police Officer was flagged down and told that a black male wearing a white shirt and yellow pants was carrying a gun. The police then located the man and conducted a pat-down search which resulted in the recovery of a weapon. At the trial court, defendant filed a motion to attempt to have the gun suppressed and cited Terry v. Ohio, 392 US 1 (1968) and Florida v JL, 529 US 266 (2000). The trial... Read More

Police Can’t make Arrests Outside their Jurisdiction In People v. Contreras, 2011 Il App (2d) 100930, the appellate court held that the defendant’s arrest by Chicago Police Officers in Will County for a crime that occurred in DuPage County was improper as the police officers lacked authority to execute an extrajudicial arrest of defendant.... Read More

In United States v. Jones, 2012 U.S. LEXIS 1063* (January 23, 2012), the Supreme Court addresses the question of whether the installation of a GPS tracking device is a search under the 4th Amendment. ... Read More

Fourth Amendment – Search warrant for drugs lacked probable cause.   ... Read More

Getting an arrest, if you were not charged, or a dismissed case expunged is relatively easy.  Cook County has expungement forms and even a free “how to guides” which you can get from the court clerk, or on the web.  Simply fill out the Petition to expunge, the notice, order, and make several copies, at least five.  Then file your petition with the clerk of the court.  After you file your petition, notice and order, you will have to mail copies to th... Read More