CAN YOU TURN AROUND TO AVOID A DUI CHECKPOINT? You see them around the holidays. Labor Day, Fourth of July, Thanksgiving. DUI checkpoints popping up on the roads. The United States Supreme Court first upheld the constitutionality of these warrantless, probable cause free stops in 1990. Since then, States crafted their own specific legal rules […]
With the Labor Day’s holiday come and gone, it is essential that all of us take a moment to remind one another to be safe and smart this holiday and find a designated driver. Driving drunk can not only land youWith the Labor Day’s holiday come and gone, it is essential that all of us […]
With the passage of Public Act 99-697, § 40, as of July 29, 2016, Illinoisans are free to run around with 10 grams or less of marijuana without having to worry about Johnny lawdog. Across the country, more and more States are going beyond decriminalization and straight up legalizing marijuana, not to mention all the […]
DUI in Chicago IL Information This is America. We have rights. So the natural question is: Can you mow your lawn drunk? Answer: Does your lawnmower have seat, an electric motor & a cup holder for your beer? If yes: Sadly, even in America, with all our freedoms, this a DUI. If no, drink […]
Hold up. What? Case dismissed!!! You probably even have a lawsuit. If it were only that easy. Sadly, Miranda warnings protect your to remain silent, not innocent. The most important thing to remember about Miranda is that it only applies to your statements. What does this mean for your […]
It’s a simple question. And the general answer is: NO. But as with almost every legal question, the devil is in the details. A warrantless intrusion into an individual’s home is per se unreasonable absent an applicable exception to the warrant requirement.[1] To break it down, we follow a familiar legal analysis: rule + exception. […]
Politicians are like teenagers, if you don’t keep an eye on them, you won’t know what they’re up to until it’s too late. Sometimes they make sensible decisions, sometimes they get caught looking for sex in a public bathroom. Unlike teenagers, politicians can be voted out of the house. So it’s our duty as citizens […]
The doors of death row at the Illinois Department of Corrections have been sealed shut for 7 years. The last man led down its ominous halls was Andrew Kokoraleis, a member of the satanic murder “ripper crew” that killed 3 and maimed 2 others in the Chicagoland area during the early 1980s. He died March […]
Don’t throw those drugs in the trash. Not only are you putting children’s lives at risk, you’re gonna get arrested. The law is clear: when you throw out your trash, the 4th amendment goes with it.[1] The 4th amendment protects you against “unreasonable searches and seizures.”[2] The home has a particular place of reverence […]
CERTIFICATE OF RELIEF FROM DISABILITY & GOOD CONDUCT: WHEN CLEMENCY, EXPUNGEMENT, OR SEALING JUST WON’T WORK Governor Rauner may want to bring back the Death Penalty, but for convicted felons looking to get right with society, he’s practically a 21st century Lincoln. In 2017, he removed the “conviction” prohibition for expungements and enacted the broadest, […]
Do the Chicago police need a search warrant to enter a home? Robert J Callahan: Absolutely they need a search warrant to come in your house. Does that mean they’re not going to come in your house if you confront them with the fact that they don’t have a search warrant? Not necessarily. We’re […]
Rolling down the street smokin indo, gettin a D. U. I…. laid back (with my mind on my lawyer, and my lawyer on my mind)… Snoop D.O.DBLFREEME Despite marijuana’s growing popularity across the nation and relative decriminalization in Illinois, getting high and driving is, and has been for decades, illegal. Until very recently, though, […]
Wrong. (For the most part.) There are times when you can be too drunk or high to knowingly waive your Miranda rights. Illinois criminal law allows for suppression of statements of a person if they are so “grossly intoxicated that she no longer has the capacity to waive her rights.” But the bar is high, […]
Driving in Carol Stream, Illinois anytime soon? If so, you could be asked to submit to an oral swab/test for drugs. As of February, the Carol Stream Police Department will start asking people to submit to a voluntary mouth swab to test for the presence of marijuana, opiates, cocaine, amphetamines, and methamphetamines. This test will […]
Have you ever heard someone in the movies say: “Are you a cop? Cause if you’re a cop, you’ve got to tell me.” Don’t listen to movie characters or some idiot at the bar for legal advice. There’s a reason they’re not criminal defense experts. If an undercover cop does not tell you he is […]
