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In this opinion the Appellate Court
addresses the admissibility of hearsay statements allegedly...
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Challenging a Search Warrant
In United
States v. Spears, (March 8, 2012) the 7th Circuit Court of
Appeals found that even though there were misrepresentation in the affidavit
presented to the magistrate judge, by the police, there was still sufficient
evidence to support a finding of probable cause.
On... Read More
Center Console of a car is a “Case” under weapons statutes
Court finds that a gun placed in the center console of a car
is “encased” for purposes of the aggravated unlawful use of a weapon statute.
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Two recent appellate court cases both discussed the
constructive possession of a weapon and both reached different conclusions.
In People v. Spencer,
2012 IL App (1st) 102094 (Feb 2, 2012), the defendant was convicted
of unlawful use of a weapon in that defendant unlawfully...
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U.S. District Judge Emmet Sullivan who presided over the
prosecution of former Alaska Senator Ted Stevens has ordered that the report
which criticizes the prosecution be release on March 15, 2012. Stevens was prosecuted and found guilty in
2008 but was ultimate vindicated prior to sentencing after the court learned that
the prosecutors mismanaged the case. The
report is said to be 500 pages long and the court is delaying its...
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In People v. Rhinehart, 2011 IL App (1st) 100683, a Chicago Police Officer was flagged down and told that a black male wearing a white shirt and yellow pants was carrying a gun. The police then located the man and conducted a pat-down search which resulted in the recovery of a weapon. At the trial court, defendant filed a motion to attempt to have the gun suppressed and cited Terry v. Ohio, 392 US 1 (1968) and Florida v JL, 529 US 266 (2000). The trial...
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