Federal Criminal Defense and Cellphones At the end of November, the US Supreme Court will examine the application of the so called “third-party doctrine” to cellphone providers disclosing records to law enforcement. The basic principle behind this doctrine is that the 4th amendment does not recognize an expectation of privacy in information voluntarily turned […]
In today’s criminal defense world, the increasing use of video footage seems like a potential holy grail for a client’s case, but what about evidence that literally cannot be seen? Sure, a camera can directly refute a baseless traffic stop or improper actions by officers, but what about a smell? A camera is useless in […]
KD was parked in a White Castle restaurant parking lot in a western suburb last November when he was approached by local police. The officers had pulled their squad car behind him and shined their hand held spot light on KD and his friend. They then approached KD’s car and allegedly observed him making “furtive […]
DW was arrested when an undercover police officer identified him as the individual who sold him three bags of heroin in exchange for prerecorded funds. He was charged with manufacture or delivery of a controlled substance. Due to DW’s background, he was facing a mandatory class X felony. Class X felonies are punishable by 6 […]
Last Summer FR was stopped by an Illinois State Trooper for talking on his cell phone. The trooper asked for his license and insurance which he provided. After determining that Mr. R’s license was valid, the trooper asked for permission to search his car. FR, believing he had no choice, exited his car. He was […]
Last winter, DH was working in his basement when local police crashed through the door. The officers informed him that they had a search warrant for narcotics. DH was brought up to his living room where his mother and teenage cousin were being detained. Ultimately, a handgun and cocaine were recovered in an upstairs bedroom. […]
When is a person actually considered to be in police custody or under arrest? Bob: What gets evaluated by the judge and what the law says is would a reasonable person, under those circumstances, feel free to leave? So there’s a lot of things that play into that. The reasonable person is a theoretical reasonable […]
VO: How does the court legally determine possession of drugs? Bob: Generally, here in Cook County the judges are going to hold the prosecution to the burden of proving two different things. There’s two different elements they must meet in a possession prosecution. One, is the knowledge element. Basically, did this person know that these […]
LP and his wife had an intense argument that lead to an accusation of domestic violence against LP by his wife. The physical altercation allegedly continued even after the police arrived. As a result, LP was arrested and charged with domestic violence. After researching attorneys LP decided to hire Robert Callahan & Associates. We began […]
VO: How do you deal with prosecutors on the cases you take? Bob: A lot of the time I get clients and they say, “We hired you because we want a bulldog on this. We want someone who is going to go in there and attack this and be extremely aggressive and fight with everything […]
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