Unlawful Use of Encryption offense created. PA 095-0942November 2008Illinois Law Update, Page 554The Criminal Code of 1961 has been amended by adding section 16D-5.5 "[u]nlawful use of encryption," which prohibits the use of encryption to commit or assist in committing a criminal offense. 720 ILCS 5/16D-5.5.
Criminal Code of 1961 amended. PA 095-0849October 2008Illinois Law Update, Page 504Effective January 1, 2009, the Criminal Code of 1961 is revised by adding a Cyber-bullying Law which provides penalties for harassment through electronic communication mediums. 720 ILCS 5/12-7.5.
Polygraph Exams in Sex-Offense CasesBy Kerry J. BrysonOctober 2008Article, Page 528Despite doubts about their reliability, polygraph exams are required in sex-offense cases. This article discusses the law.
Search of probationer's computer deemed permissibleOctober 2008Illinois Law Update, Page 504On August 12, 2008, the Illinois Appellate Court, Second District, affirmed in part, reversed in part, and remanded for further proceedings the judgment of the Circuit Court of Kane County granting the defendant's motion to quash arrest and suppress evidence found pursuant to a search of the defendant's home by probation officers.
Traffic stop impermissibly prolongedSeptember 2008Illinois Law Update, Page 444On June 26, 2008, the Illinois Appellate Court, Third District, reversed the judgment of the Circuit Court of Henry County denying Bernstein's motion to suppress and sentencing him to 48 months probation for unlawful possession of marijuana with intent to deliver.
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.
DUI changes effective June 1By Helen W. GunnarssonJune 2008Lawpulse, Page 278Thanks to a law signed last year, a crazy quilt of DUI laws taking effect June 1 isn't so crazy. But ambiguities remain.
No error in allowing evidence of past convictionsJune 2008Illinois Law Update, Page 284On April 3, 2008, the Illinois Appellate Court, Fourth District, affirmed the judgment of the circuit court allowing the prosecution to present evidence of the defendant's prior convictions for aggravated battery and aggravated assault.
No ineffective assistance where motion to dismiss would have failedJune 2008Illinois Law Update, Page 284On April 3, 2008, the Illinois Appellate Court, Fourth District, affirmed the judgment of the circuit court rejecting an ineffective-assistance claim because a motion to dismiss one of the charges on the basis of a speedy-trial violation would not have been successful.
Driving on Sunday not reasonable suspicion to make traffic stopMay 2008Illinois Law Update, Page 236On March 4, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the circuit court quashing the arrest of the defendant and suppressing the evidence resulting from that arrest.
Prosecutors on prosecutroial discretionBy Helen W. GunnarssonMay 2008Lawpulse, Page 230Two state's attorneys from opposite ends of illinois discuss their philosophies about deciding whether, and if so how, to prosecute a case.
Verbal refusal does not control where defendant physically complies with chemical testMay 2008Illinois Law Update, Page 236On March 7, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of De Kalb County finding that the defendant had not refused to submit to testing to determine the content of alcohol or other drugs in his blood.
No suppression of evidence obtained in violation of Illinois eavesdropping statuteApril 2008Illinois Law Update, Page 180On February 7, 2008, the Illinois Supreme Court affirmed the order of the Circuit Court of Du Page County refusing to suppress evidence obtained in violation of the Illinois eavesdropping statute, 720 ILCS 5/14-2.
Problem-Solving CourtsBy Helen W. GunnarssonApril 2008Article, Page 184Supporters of drug, mental-health, and other specialty courts say they reduce recidivism and help offenders get control of their lives.
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.
Adult DUI offenders who transport minors - what is the law?By Helen W. GunnarssonFebruary 2008Lawpulse, Page 66A recent Journal article inspires a debate about whether the statute it discussed is still in effect and a call for the legislature to clear up the confusion.
How to Admit or Exclude PBT ResultsBy Eric R. WaltmireFebruary 2008Article, Page 92Police sometimes administer preliminary breath tests to drivers stopped on suspicion of DUI. When and how are the results admissible in a hearing? Here's a look at the cases.
No withdrawal allowed for a “blind plea”January 2008Illinois Law Update, Page 16On October 26, 2007, the Illinois Appellate Court, Third District, affirmed the judgment of the Circuit Court of Will County sentencing the defendant to 22 years for pleading guilty to two counts of first degree murder.
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.
Search valid with consent of co-tenant even where other co-tenant is home but asleepDecember 2007Illinois Law Update, Page 632On October 9, 2007, the Illinois Appellate Court, First District, reversed the ruling of the Circuit Court of Cook County granting the defendant’s motion to suppress evidence obtained pursuant to an illegal search of defendant’s home.
State must establish foundation for admittance of electronic conversation transcriptDecember 2007Illinois Law Update, Page 632On September 28, 2007, the Illinois Appellate Court, First District, reversed and remanded for new trial the judgment of the Circuit Court of Cook County convicting the defendant of indecent solicitation of a child because the State did “nothing to establish a foundation for the admissibility of the transcripts as evidence.”
Definition of neglected child expanded. PA 095-0443November 2007Illinois Law Update, Page 576The Illinois General Assembly has amended Section 3 of the Abused and Neglected Child Reporting Act. 325 ILCS 5/3.
Extraterritorial arrest valid when officer does not resort to powers of his officeNovember 2007Illinois Law Update, Page 576On August 24, 2007, the Illinois Appellate Court, Fifth District, upheld the judgment of the Circuit Court of Williamson County denying the defendant's motion to suppress all evidence seized during his arrest.
