February 12, 2012 | otmseo

Judge Orders Release of Report of Senator Stevens’ Prosecution

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 […]

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February 7, 2012 | otmseo

Court Finds Anonymous Tip Insufficient For Terry Stop

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 […]

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January 31, 2012 | otmseo

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. Citing a number of statutes, the court basically […]

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January 27, 2012 | otmseo

GPS Tracking and the 4th Amendment

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 […]

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January 25, 2012 | otmseo

Fourth Amendment – Search warrant for drugs lacked probable cause.

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 […]

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January 6, 2010 | otmseo

Certificates of Good Conduct

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 […]

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February 11, 2008 | otmseo

Get that arrest expunged!

Unfortunately, many people in their lifetime get charged with a criminal offense.  Fortunately, many of these people are charged with minor criminal offenses, or even municipal ordinance violations, and have never committed a crime before and never will again.  Fortunately, most prosecutors, assistant state’s attorneys, and most judges are sympathetic to these defendants and agree […]

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