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Criminal Case Law Digest- June Issue- 2018

The Illinois Prosecutor Services 


Go to the Criminal Case Law Digest Publication page under the “Members Only” tab

This Publication has been created by the IPS and is presented to MTU1 for its members 

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limit on Automobile Exception to Warrant Requirement


Without a search warrant, Office Rhodes walked to the top of the driveway, removed the tarp, confirmed that the motorcycle was stolen by running the license plate and vehicle identification numbers, took a photograph of the uncovered motorcycle, replaced the tarp, and returned to his car to wait for Collins

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Changes to Asset Forfeiture Laws Effective July 1, 2018


Sweeping changes were made to all of Illinois Asset Forfeiture statutes

effective July 1, 2018. 

Asset Forfeiture Law Update Training Scheduled for Freeport, IL on

June 19, 2018 from 8:00 am to 4:00 pm. 

Notice requirements, filing deadlines, proof of service, seizure thresholds, awarding of property, and burdens of proof have all changed, and a new reporting requirement has been added.

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Do You Know the Boundaries Under Garrity?

Garrity Use Immunity: A Guide for Investigators

Public Agency Training Council (PATC) articles 

By Richard E. Lober, J.D.

A statement of a public employee and evidence derived from any statement cannot be used against that employee in a criminal prosecution when the statement is taken under threat of potential termination of employment.  Such a statement is considered “coerced” under the 5th/14th Amendments of the U.S. Constitution. Garrity v. New Jersey, 385 U.S. 493 (1967).

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Are you using the "Juvenile Friendly" Miranda warnings?

Miranda Warning for Juveniles-What do I have to say?

(705 ILCS 405/5-401.5) (a-5) An oral, written, or sign language statement of a minor, who at the time of the commission of the offense was under 18 years of age, is presumed to be inadmissible when the statement is obtained from the minor while the minor is subject to custodial interrogation by a law enforcement officer, State's Attorney, juvenile officer, or other public official or employee prior to the officer, State's Attorney, public official, or employee:

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Winter 2018 IPS Criminal Justice Publication Digest

The 2018 Winter issue of the Criminal Justice Publication Digest has been added to the website.

The digest is a complete listing of all 0ct-Dec 2017 cases analyzed in

the Illinois Prosecutor Services 2017 quarterlies.





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2017/2018 Legislative Update is posted on website

The 2017/2018 Legislative Update has been posted on the MTU1 website.  

This Publication is a comprehensive listing of legislative changes




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Mandatory Drug Testing for Officer Involved Shootings

Attention Administrators!

Did you know the Police Community Relations Improvement Act was amended effective August 25, 2017

 Each law enforcement agency shall adopt a written policy regarding an officer-involved shooting

and it must now include drug testing.

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Third Circuit Agrees w/ District Court- Officers had a reasonable, articulable suspicion to conduct a terry stop


August 2017

From Public Agency Training Agency

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July 2017 Criminal Case Law Quarterly

Free copy of the July issue 

Criminal Case Law Quarterly

Illinois Prosecutor Services, LLC

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High Court Denies Police Liability in Use-of-Force Case

High Court Denies Police Liability in Use-of-Force Case

The U.S. Supreme Court today unanimously struck down a “provocation rule” of the U.S. Court of Appeals for the Ninth Circuit, which said that police officers may be held liable when they seize someone using reasonable force after committing a separate Fourth Amendment violation that contributed to the need to use force.

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Appellate District Decisions are not binding upon other Appellate Districts

Courses being taught throughout the state include cases from various Appellate Districts.  Please  remember that decisions made in one Appellate District are not binding upon other Appellate Districts.

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Force Science News - Appeals court issues guidelines for UOF in non-criminal emergencies

Force Science News- Appeals court issues guidelines for UOF in non-criminal emergencies

Facing a medical emergency and a use-of-force dilemma, did this sheriff’s deputy do the right thing?

The deputy, working road patrol for the Oakland County (MI) SO, responded one June afternoon to a call at a residence near Detroit where four paramedics were struggling to help a man overcome a life-threatening diabetic crisis.

According to later documents in the case, a finger prick had established that his blood-sugar level was “extremely low at 38,” the normal range being 60-110. Left untreated, the “medical emergency” could “lead to prolonged seizure and death.”

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January 2017 issue of The Informer
Attached please find the January 2017 issue of The Informer. This monthly publication will keep you informed of the very latest developments in case law, statute and rules changes, and provide news and articles of interest and practical import for law enforcement officers and agents.1Informer17 (pdf)In the January 2017 Informer:Case SummariesUnited States Supreme CourtUse of Force / Qualified ImmunityWhite v. Pauly: Whether a police officer violated clearly established law when he shot and killed an occupant of a home who pointed a handgun in his direction.Circuit Courts of Appeals4th Amendment (Search / Seizure / Detention / Arrest)1st Cir. (Corado-Arriaza): Whether the exclusionary rule applies to searches and seizures in civil immigration proceedings.6th Cir. (Abernathy): Whether evidence from a trash pull, by itself, established probable cause to obtain a warrant to search the defendant's house for drugs.8th Cir. (Morgan): Whether information in a search warrant affidavit was stale, whether the defendant had a reasonable expectation of privacy in information contained on his cell phone screen, and whether and officer violated the Fourth Amendment by taking photographs of tattoos on the defendant's arm without a warrant.8th Cir. (Wright): Whether officers had reasonable suspicion to conduct a Terry stop and then conduct a warrantless search of the defendant's vehicle.8th Cir. (Fuehrer): Whether the officer conducted a lawful traffic stop, and whether the officer unlawfully

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Resource Information on the Brady/ Giglio Topic
The Northwest Illinois law Enforcement Executives Association (NWILEEA) held its winter conference in Galena, IL during the Martin Luther King Holiday weekend. The Monday morning presentation was by Attorney Jill Leka on Brady and its Progeny: What's a Police Chief to do?The training communicated that an agency needs to:-have a policy on how to deal with this mandate;-and agencies need to educate their officers on this topicBelow are some links to documents that may be helpful in designing your agencies policy and other documents you may use to manage the workflow. Here are document links for:Model policiesUrbana, IL Brady policyWashington Association of Sheriff's & Police ChiefsModel Brady Policy(also has sample letters and notification forms)Training Bulletin (San Diego County Sheriff)Public Defender Handbook on the Brady- (their view of the ruling)Below are links to MTU1 website posts and a few other links. Some agencies have had their officers read and sign off on reading these articles, as one method of training on this topic.June 2016 MTU1 website news articles -Article- Brady/Giglio Disclosures Don't Make Your Boss Have To Write A Letter from the Police Chief MagazineArticle Brady/Giglio Disclosure Requirements Law & Order MagazineArticle- Brady/Giglio Disclosure Requirements, Part 2 Law & Order MagazineArticle- Brady/Giglio Disclosure Requirements, Part 3 Law & Order MagazineArticle- Brady/Giglio Disclosure Requirements, Part 4 Law & Order Maga

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Law Officer Article- Supreme Court to Consider Liability For "Provoking" Use of Force
The outcome of Supreme Court Case 16-369 (Los Angeles County, Ca v. Mendez) could pose significant challenges for law enforcement-and police training.Provoking Use of ForceBasically, the main issue involves whether law enforcement officers are entitled to qualified immunity or liable for "provoking" the need for use of force-according to the "provocation rule" created within the United States Court of Appeals for the Ninth Circuit.Here's the background of the caseSynopsis: Los Angeles County, Ca v. Angel Mendez, et al.In October 2010, Los Angeles County Sheriff's Department deputies conducted a warrantless search of a house looking for a wanted parolee. The deputies knocked and announced at the door of residence-and did not violate Fourth Amendment rights.Deputies were told that the man they were looking for was in a shack in the backyard.Two deputies of the team of 12 involved approached the shack and opened the door. Inside, they encountered Angel and Jennifer Mendez.Court documents state that at the precise moment the deputies entered the shack, Angel Mendez was "holding only a BB gun that he kept by his bed to shoot rats" in the shed, and that he "was in the process of moving the BB gun so he could sit up in bed."READ ARTICLE

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Illinois Supreme and Appellate Court Case Summaries
Illinois Supreme and Appellate Court Case SummariesByNo. By Laurence J. Dunford (LJD), Matthew Bertani (MB), Anne Therieau Hayes and Timothy J. Joyce(TJJ)Criminal Law: Summary Suspension: Motion to Suppress: Consensual Encounters; Community Caretaker Exception: Reversed:Encounters between police and citizens that involve no coercion or detention do not implicate Fourth Amendment interests and are referred to as consensual encounters. Distinct from consensual encounters, the community caretaking Doctrine 'is analytically distinct from consensual encounters and is invoked to validate a search or seizure as reasonable under the fourth amendment.' The Doctrine applies where law enforcement officers are performing some function other than investigation of a crime, and the search and seizure must be reasonable because it is undertaken to protect the safety of the general public. Officer may ask to examine identification without reaching the level of a seizure so long as not convey compliance is required. Even if a seizure occurred when Officer took license and insurance to his squad, the Officer had reasonable articulable suspicion that Defendant was operating a vehicle under the influence of drugs. Mere fact that Officer testified that Defendant claimed he was unable to urinate to provide a sample for testing did not establish a prima facie case that he did not refuse chemical testing. There must be evidence that it was physically or psychologically impossible for him to urinate.

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SB2370- Have You Made Adjustments for Custodial Interrogations of Minors?
On August 22, 2016, Governor Rauner signed SB2370 into law. Thisbill raises the age from 13 to 15 for a requirementthat children be represented by lawyers during custodial interrogations for homicide and sex offenses. Public Act 99-0882 will take effect Jan. 1, 2017.SB2370 aims to better protect children accused of crimes, and better protect their rights through legal representation. As set forth on the Illinois General Assembly website, the bill:"Amends the Juvenile Court of 1987 and the Code of Criminal Procedure of 1963. Provides that a minor who was under 18 at the time of the commission of any offense must be represented by counsel throughout the entire custodial interrogation. An oral, written, or sign language statement of a minor made without counsel present throughout the entire custodial interrogation of the minor shall be inadmissible as evidence in any juvenile court proceeding or criminal proceeding against the minor. Provides that in a proceeding under the Criminal Code of 2012, a minor who was under 18 at the time of the commission of the offense must be represented by counsel throughout the entire custodial interrogation of the minor and an oral, written, or sign language statement made without counsel present shall be inadmissible in any criminal proceeding against the minor."The bill also requires videotaping all interrogations of children under age 18 for any felony and or somemisdemeanor cases and includes a uniform "Miranda warning". Below are some o

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New Laws 2017: Illinois laws that take effect January 1
WLS Chicago has publisheda pretty good listing of the laws taking effect January 1, 2017CHICAGO (WLS) --With the start of the New Year always comes a new set of laws to obey. Read the complete list here, and see the top 10 new laws for 2017 above.January 1 is the effective date for almost 200 new state laws passed by the General Assembly and signed by the governor in 2016. The Senate Democrats have published their top ten list for 2017.Laws make the list based on their importance to the public and how broadly they affect key issues such as safety, ethics, workers' wages and benefits, and criminal justice reform, the Senate Democrats said.FULL LIST: Bill Number and Description (those of particular interest are in red)SB 1102 Prohibits the state or any local government from indemnifying or providing legal representation for any employee in a criminal proceeding arising out of the employee's government employmentHB 1260 Classifies online logins, biometric data and health info as protected information; updates how groups notify the public of a data breachHB 5913 Requires licensed plumbers to complete 4 hours of continuing education each yearSB 0637 Makes changes to Illinois law to comply with federal REAL ID regulationsSB 2589 Provides the Director of the Insurance Department greater authority and oversight for approving risk retention groups' corporate governance procedures and structuresHB 4517 Eliminates the Center for Comprehensive Health PlanningHB 4826 "Regional teams that

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Correction To Mandated Training List Re: Narcan
It has been noted that the mandated training document's presentation style for required Narcan training was misleading. To clarify the matter please note there is a mandate for all officers to receive the training, but there currently is no mandated refresher. "Narcan" training was placed in the "every two years" section since it appeared easiest to conduct one with the CPR/AED training.The first page matrix and the Narcan related paragraph on page five of the mandated training document have been updated so it accurately defines the mandate.The suggested best practice, asstated,was misleading in regards to the mandate. The entiremandatory training document is located under the "Training" tab of the MTU1 website you will find.The Naloxone Hydrochloride (NARCAN) Information page outlining the training/program requirements is located under the "Members" tab of the MTU1 website.Here is what the Narcan related paragraph now states:NALOXONE / NARCAN Drug overdose response policy. (1) Every State and local government agency that employs a law enforcement officer or fireman as those terms are defined in the Line of Duty Compensation Act must possess opioid antagonists and must establish a policy to control the acquisition, storage, transportation, and administration of such opioid antagonists and to provide training in the administration of opioid antagonists. ***. (Source: P.A. 99-480, eff. 9-9-15.) There is no stated requirement for refresher training, but agencies may want to atta

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