Traffic stop and subsequent Terry search valid when based on non-anonymous tipJuly 2008Illinois Law Update, Page 340On April 15, 2008, the Illinois Appellate Court, Third District, reversed the judgment of the Circuit Court of McDonough County granting the defendants' motions to suppress two bags containing approximately 28 or 29 boxes of pseudoephedrine collected during a search of the defendant's motor vehicle after a traffic stop for improper lane usage.
Admission of detective's testimony did not violate the Confrontation ClauseFebruary 2008Illinois Law Update, Page 72On November 30, 2007, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County sentencing the defendant to 85 years for first degree murder and home invasion.
Court upholds $1 million penalty arising out of $12,000 support debtBy Helen W. GunnarssonJanuary 2008Lawpulse, Page 10The supreme court ruled that a $1 million-plus penalty for an employer’s failure to timely pay a $12,000-plus child support obligation was not unconstitutional on the facts.
Police Interrogation of Motorists at Traffic StopsBy Bruce L. CarmenJanuary 2008Article, Page 44The Fourth Amendment prohibits police from turning routine traffic stops into investigations of other criminal activity.
Basic "right to privacy" inherently includes interests of secrecy and seclusionFebruary 2007Illinois Law Update, Page 72On November 30, 2006, the Illinois Supreme Court affirmed the decisions of the Illinois Appellate Court, Second District, and the Circuit Court of McHenry County, granting summary judgment to the insured, Swiderski Electronics, Inc (Swiderski), and holding that the insurer, Valley Forge Insurance Company (Valley Forge), had a duty to defend a breach of privacy action brought against the insured.
Challenging the Constitutionality of the Illinois Consecutive Sentencing StatuteBy Patrick GallagherFebruary 2007Article, Page 96The author argues that the Illinois consecutive sentencing statute violates the Sixth Amendment by allowing judges rather than jurors to make findings of fact that increase a defendant's punishment.
Income Withholding for Support Act unconstitutional as applied to $1,172,100 penaltyFebruary 2007Illinois Law Update, Page 72The Illinois Appellate Court, First District, recently reversed the Circuit Court of Cook County's judgment against defendant H. E. Miller, Sr., ordering him to pay a $1,172,100 penalty for "knowingly failing to timely remit child support payments withheld from his employee's wages."
Criminal defendants must be informed of right to counsel, Campbell saysBy Helen W. GunnarssonJanuary 2007Lawpulse, Page 8A defendant's waiver of right to counsel was ineffective because the trial judge didn't inform him of the nature of the charges, the range of penalties, or his right to a lawyer.
Ban on secret compartments in vehicles unconstitutionalDecember 2006Illinois Law Update, Page 650On September 26, 2006, the Illinois Appellate Court, First District, reversed the appellant's conviction in the Circuit Court of Cook County for violating section 12-612 of the Illinois Vehicle Code. 625 ILCS 5/12-612.
Eavesdropping statute applies only where all parties intend private communicationSeptember 2006Illinois Law Update, Page 464On June 23, 2006, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County, holding transcriptions of instant message communications were not obtained in violation of Illinois' eavesdropping statute.
The limited lockstep doctrineBy Helen W. GunnarssonJuly 2006Lawpulse, Page 338In a dog-sniff case, the Illinois Supreme Court wrote that it will interpret state constitutional provisions more expansively than their federal counterparts only under limited circumstances.
DNA sampling does not violate the ConstitutionJune 2006Illinois Law Update, Page 284On March 23, 2006, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, Second District, holding that evidence admitted against the defendant at trial was properly admitted and that section 5-4-3 of the Unified Code of Corrections, which requires convicted felons to submit DNA samples to the police, does not violate the United States Constitution.
Section of the Illinois Election Code is unconstitutionalMay 2006Illinois Law Update, Page 230On March 6, 2006, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, First District, and affirmed the decision of the Circuit Court of Cook County, holding unconstitutional section 7A-1 of the Illinois Election Code (10 ILCS 5/7A-1).
Section of the Adoption Act violates Equal ProtectionOctober 2005Illinois Law Update, Page 506On August 1, 2005, the Illinois Appellate Court, First District, reversed the decision of the Circuit Court of Cook County, terminating the parental rights of the defendant.
Section 1(D)(q) of the Adoption Act violates equal protectionJune 2005Illinois Law Update, Page 280On March 24, 2005, the Illinois Supreme Court held that section 1(D)(q) of the Adoption Act, 750 ILCS 50/1(D)(q), is unconstitutional because it violates equal protection.
You take the sofa, I'll take the Fifth...By Helen W. GunnarssonApril 2005Lawpulse, Page 162Forget about dirty laundry; what if your divorcing client did – or might have done – something criminal? Here's advice about advising clients how and when to take the Fifth.
