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Recent Blog Posts
What You Need to Know About Refusing to Take a Breathalyzer
When a police officer has a reason to suspect that you are driving under the influence of alcohol, the officer may ask to submit to a blood alcohol content (BAC) test. These tests are usually conducted during a traffic stop. The stop may have been initiated based on a minor traffic violation or erratic driving, but if something during the stop triggers the officer’s suspicion, the request for a BAC will usually follow.
The most common type of BAC test—and the easiest to conduct—is a breath test. BAC breath tests are usually known simply as "breathalyzer" because of a particular brand of testing machine that has become synonymous with the test. You probably know that if you blow a 0.08 or higher on your breathalyzer, you are considered to be statutorily intoxicated and can be charged with driving under the influence (DUI). But, do you have to take the test when you are asked to do so?
Supreme Court Rules Warrants Needed for Cell Phone Location Data
In today’s digitally connected world, information is everywhere. If you need an answer to a question, a few taps on your smartphone can allow you to run a Google search. If you want to contact your friend, you can send him or her an instant message or even connect through video chat instantaneously. The stream of data, however, goes in both directions. Any time that your phone is turned on, it is sending signals to nearby cell towers about your location and whether you are available to receive a call.
Over the last few years, law enforcement agencies have been able to gather information from these signals with little more than a request to the wireless service providers, but a new ruling by the U.S. Supreme Court says that a warrant must be obtained first.
The Case in Question
In 2013, a Detroit man was convicted on several charges related to armed robberies that had taken place in and around the city. The prosecution’s case was helped by cell phone evidence gathered by the Federal Bureau of Investigation (FBI) from the defendant’s cell phone service carrier. Using the Stored Communication Act, government agents needed only to show the wireless carrier that the information they were requesting was relevant to an ongoing investigation. The government did not believe that a warrant was necessary because they were not pulling the content of calls or messages. Instead, they were looking for location points.
What Is a Hate Crime?
The phrase "hate crime" is often used by the media and in casual conversation about certain types of criminal acts. Under state and federal law, however, "hate crime" has a specific meaning. Hate crimes are unique in that punishment for the crimes may be enhanced as a direct result of perpetrator’s motives for committing the crime.
How Illinois Defines a "Hate Crime"
A person commits a hate crime in Illinois when he or she commit one of the specifically listed acts because of "an actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin of a person or group." This means that you can commit a hate crime even if you are mistaken about someone’s characteristics. It also means that not just any crime can be a hate crime. The crime must be one of the crimes listed in the law. For example, rape and murder are not listed as possible hate crimes in the Illinois statute.
Defense Lawyers Group Raises Questions About the Trial Penalty
Nearly every person or entity involved with the American criminal justice system is aware of the existence of the so-called "trial penalty." This penalty refers to the harsher sentences imposed on criminal defendants who exercise their right to a trial compared to those who accept plea bargains. There is little question that some form of a trial penalty is acceptable, but a new report from a national organization of defense attorneys suggests that the differences in sentences have become so severe that the penalty is threatening the right to a trial guaranteed by the Constitution’s Sixth Amendment.
The Sixth Amendment
The Sixth Amendment to the U.S. Constitution promises, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury…" The amendment also guarantees a defendant the right to face the witnesses against him or her, as well that the right to legal counsel.
Illinois Governor Signs "Red Flag" Gun Law
Over the last several years, there has been no shortage of tragedies involving gun violence. Mass shootings in Connecticut, Colorado, Florida, and Nevada have raised the public consciousness regarding the availability of firearms and the associated rights promised by the Second Amendment to the U.S. Constitution.
In the wake of these terrible events, many states have passed so-called "red flag" laws that allow authorities to temporarily seize guns from individuals whom the courts have determined pose a threat to themselves or others. Earlier this month, Illinois became the 13th state to pass such a measure as Governor Bruce Rauner signed House Bill 2353 into law.
Firearms Restraining Order Act
The new law is called the Firearms Restraining Order Act, and it created a new type of specific restraining order for preventing a person from possessing, purchasing, or handling a firearm. The law also established a process for those who fear that a loved one may present a danger to themselves or others to take action.
A Police Officer Found Drugs in My Vehicle. Now What?
As per the Fourth Amendment to the United States Constitution, police cannot search a person’s private residence without a search warrant issued by a judge. So, if police believe you have illegal items in your home, that suspicion alone is usually not enough to merit a legal search. However, the laws which protect citizens’ privacy are quite different when it comes to motor vehicles. Because we operate vehicles on public roads, police have much more freedom when it comes to searching a person’s car or truck. If police have searched your vehicle and discovered marijuana, amphetamines, opioids, or other illegal drugs, you may be facing harsh criminal consequences.
When Can Police Legally Search a Vehicle?
Although police have more authority to search motor vehicles than homes, they are still required to follow certain rules regarding vehicle searches. An officer cannot stop and search a vehicle without a reasonable cause for doing so.
The Sneaky Methods Thieves Are Using to Shoplift
Retail theft costs American retailers over $40 billion each year in lost revenue. Stores must constantly be on the lookout for individuals who attempt to conceal products and leave the store without paying for them. Even with advances in security systems and vigilant loss prevention officers carefully observing patrons, stores continue to see increases in shoplifting.
Each year, more and more individuals are apprehended for stealing. Some retailers blame the increase in organized retail crime for the increase in theft losses each year. Many instances of shoplifting are not carried out by individuals but instead organized teams of thieves who work together to steal items from the store and sell them. Another method of shoplifting which is quickly gaining popularity is the use of "booster bags" which are designed to beat the in-store security systems. If you have attempted this or other methods of retail theft, you may face serious punitive consequences.
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