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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 made by two of Drew Peterson’s former wives, Kathleen Savio and Stacy Peterson. Kathleen Savio was allegedly murdered by Drew Peterson to prevent her from testifying…

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 August 1, 2008 an Indiana police officer acting as a…

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 People v. Harris, 2012 IL App (1st) 100077, Harris was charged with carrying a loaded uncased firearm…

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 possessed a handgun. The police executed a search warrant of defendant…

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…

COURT FINDS ANONYMOUS TIP INSUFFICIENT FOR TERRY STOP 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…

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. Citing a number of statutes, the court basically…

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. In Jones, a GPS tracking device was installed on a car being driven by Jones and monitored his movement for four…

In People v. Miranda, 2012 Il App (2d) 100796, the appellate court found that a search warrant issued after a driver was arrested for DUI lacked probable cause to search for controlled substances but did contain probable cause to search for alcohol. The court found that the affidavit submitted by the police officer was insufficient…

New Illinois law allows the circuit court to issue a “certificate of good conduct” to certain defendants to assist them in getting employment. This new law also allows the Illinois Department of Professional Regulation to issue a non-binding opinions as to whether a person’s criminal record bars him or her from the license or certificate…