5 episodes

This is what truly efficient legal learning looks like. Samuel Partida, Jr. has a way of turning dry, criminal court decisions into understandable bits of valuable knowledge. The nuggets of information just plop out of the cases. Sam has a knack of focusing on the choices made by the people, the lawyers and the judges in the cases. Under this kind of learning regime, the lessons just naturally fall out of the discussion. Anyone with a desire to learn the criminal law in a fundamental way will find a home here. Staying current with the case law has never been this easy, nor this fun.

Kane County Nuggets Samuel Partida, Jr.

    • Education
    • 4.4 • 48 Ratings

This is what truly efficient legal learning looks like. Samuel Partida, Jr. has a way of turning dry, criminal court decisions into understandable bits of valuable knowledge. The nuggets of information just plop out of the cases. Sam has a knack of focusing on the choices made by the people, the lawyers and the judges in the cases. Under this kind of learning regime, the lessons just naturally fall out of the discussion. Anyone with a desire to learn the criminal law in a fundamental way will find a home here. Staying current with the case law has never been this easy, nor this fun.

    Scott’s Law In Illinois 625 ILCS 5/11-907(c)

    Scott’s Law In Illinois 625 ILCS 5/11-907(c)

    Scott’s Law in Illinois is the requirement that drivers slow down and move over when police cars or other emergency vehicles are stopped on the roadway.
    Scott’s Law Basically Says… Scott’s law requires that a driver proceed cautiously when an emergency vehicle is stopped and
    Move over and change lanes and/or Slow down if changing lanes is impossible. The law imposes enhanced penalties, a possible driver license suspension, and even jail time for severe violations.
    625 ILCS 5/11-907(c) The exact language of the section provides that:
    “(c) Upon approaching a stationary authorized emergency vehicle, when the authorized emergency vehicle is giving a signal by displaying alternately flashing red, red and white, blue, or red and blue lights or amber or yellow warning lights, a person who drives an approaching vehicle shall:
    (1) proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least 4 lanes with not less than 2 lanes proceeding in the same direction as the approaching vehicle; or
    (2) if changing lanes would be impossible or unsafe, proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions and leaving a safe distance until safely past the stationary vehicles.”
    625 ILCS 5/11-907(c).
    Scott’s Law Fines Maximum fines for a violation of Scott’s Law can be up to $10,000. The chart below outlines the minimum fine that is applicable:
    Minimum $250 up to $10,000 For 1st offense Minimum $750 up to $10,000 For 2nd or more offense 625 ILCS 5/11-907(d).
    Suspension Of Drivers License Under Scott’s Law A violation of Scott’s Law is considered a moving violation in Illinois. That means the secretary of state will assign points against your driving record and a discretionary suspension under 625 ILCS 5/6-206 may be incurred.
    However, the chart below describes certain mandatory suspensions under Scott’s Law if there are aggravated circumstances:
    90 days to 1 year If there is property damage 180 days to 2 year If there is personal injury 2 year suspension If there is a death to a person 625 ILCS 5/11-907(e), (f), (g).
    Jail Time For A Scott’s Law Violation An ordinary violation of Scott’s Law in Illinois is considered a business offense. That means it is punishable by fine only.
    However, Scott’s Law may classified as a crime and a person may face jail time under the conditions listed below:
    Class A Misdemeanor If there is damage to anther vehicle Class 4 Felony If there is injury or death to another person 625 ILCS 5/11-907(d)
    Class A Misdemeanor
    Class 4 Felony.
    Links & Resources Illinois Vehicle Code on Right-Of Ways Scott’s Law In Illinois Illinois Vehicle Code On Approaching Disabled Vehicles Illinois Vehicle Code On Construction Zones Attorney Peter Wachowski Discusses Defending Against A Scott’s Law Ticket Episode 751 (Duration 13:45) Illinois attorney Peter Wachowski explains some of the intricacies of defending against a charge under Scott’s Law.
    In This Episode… “That’s the speed limit! You’re suppose to slow down.” — Peter Wachowski
    Going to trial against a charge of violating Scott’s Law can get kind of tricky. In this episode an experienced trial attorney describes the process.
    Attorney Peter Wachowski Attorney Peter Wachowski has an active civil law practice focussing on Personal Injury, Worker’s Compensation and Civil Litigation.
    However, Peter also is highly experienced in DUI litigation and defense and represents clients in other criminal law matters.
    Contact Information 15 N. Northwest Hwy
    Park Ridge, IL 60068
    peter@bellas-wachowski.com
    www.bellas-wachowski.com
    “Can’t Miss” Moments: ✓ The “move over” law says you must do one of two things or both when you see an emergency ve

    • 13 min
    In 2020 Can Police Search Your Car If They Smell Marijuana?

    In 2020 Can Police Search Your Car If They Smell Marijuana?

    After Illinois passed the Cannabis Regulation and Tax Act which became effective in 2020, can police still search a car when they smell cannabis?
    The Old “Smell Of Weed Rule” In Illinois Before Decriminalization Of 2020 The warrantless search of a car is authorized “where a trained and experienced police officer detects the odor of cannabis emanating from a defendant’s vehicle.” People v. Stout, 106 Ill.2d 77, 88 (1985)
    The question today, is if this rule survived the cannabis law change in 2020.
    In This Episode… “The officer would probably be better suited to try and find more information, more probable cause, to layer that probable cause.” — John “Jack” Duggan
    Attorney John Duggan Jack’s father is a retired Chicago Police Officer. Jack followed in his father’s footsteps and became a Police Officer for the Village of Oak Park. While working as a Police Officer, Jack decided to continue his studies and attended The John Marshall Law School.
     Jack focuses his practice in the areas of Real Estate, Family Law, Estate Planning, and selected criminal matters.
    Jack Duggan’s Contact Information 782 Busse Highway
    Park Ridge, IL 60068
    john@johnmdugganlaw.com
    http://www.johnmdugganlaw.com/
    Attorney Jeff Hall “I basically call it the ‘sniff and search’ statute.” — Jeff Hall
    “I basically call it the ‘sniff and search’ statute.” – Jeff Hall


    Jeffrey R. Hall has practiced law since 2004, concentrating in the area of Criminal Law, DUI, Traffic Law, Driver’s License & FOID Card Reinstatement’s. 
    He began his legal career as an Assistant State’s Attorney in Tazewell County, IL.
    Jeff Hall helped draft SB228 (passed on July 29, 2016), the popular Cannabis Decriminalization Bill and was an integral part of the legislative process, changing Illinois law from a “Zero Tolerance” state for cannabis related DUIs, to a more reasonable law that focused more on impaired driving.
    Jeff Hall’s Contact Information 316 SW Washington Street, Suite 1A
    Peoria, IL 61602
    jhall@hallrustomfritz.com
    http://www.centralillinoislawyers.com/
    Links & Resources Cannabis Regulation and Tax Act Cannabis Control Act Illinois Vehicle Code The Sniff & Search Law – 625 ILCS 5/11-502.15 What The Illinois Cannabis Regulation And Tax Act Says About Lawful Limits? 410 ILCS 705/10-10. Possession Limit.
    “(a) Except if otherwise authorized by this Act, for a person who is 21 years of age or older and a resident of this State, the possession limit is as follows:
    (1) 30 grams of cannabis flower;
    (2) no more than 500 milligrams of THC contained in cannabis-infused product;
    (3) 5 grams of cannabis concentrate; and
    (4) for registered qualifying patients…”

    Strict Prohibition of Cannabis Possession For Those Under 21 410 ILCS 705/10-15. Persons under 21 years of age.
    “(b) Notwithstanding any other provisions of law authorizing the possession of medical cannabis, nothing in this Act authorizes a person who is under 21 years of age to possess cannabis. A person under 21 years of age with cannabis in his or her possession is guilty of a civil law violation as outlined in paragraph (a) of Section 4 of the Cannabis Control Act.
    (c) If the person under the age of 21 was in a motor vehicle at the time of the offense, the Secretary of State may suspend or revoke the driving privileges of any person for a violation of this Section under Section 6-206 of the Illinois Vehicle Code and the rules adopted under it.”
    Further Limitations And Prohibition Of Cannabis In Certain Places 410 ILCS 705/1-35. Limitations and penalties.
    “a) This Act does not permit any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging in, any of the following conduct…
    (2) possessing cannabis: (D) in a vehicle not open to the public unless the cannabis is in a reasonably secured sealed, container and reasonably inaccessible while the vehicle

    • 44 min
    Chicago Police Body Cam Discovery With Peter Lewis: What To Do When You Don't Get It

    Chicago Police Body Cam Discovery With Peter Lewis: What To Do When You Don't Get It

    Episode 724 (Duration 33:57). Chicago defense attorney Peter Lewis explains what a litigant can do when their criminal discovery is missing the police body cam video.

    In This Case...
    The State's Attorney's position is if they didn't get it from the police then it doesn't exist.
    Attorney Peter Lewis
    Am I Entitled To Have The Police Body Cam In My Case?
    Yes. Generally, speaking a criminal defendant is going to be entitled to possess a copy of the police body cam or cams involved in his or her case. The interesting question is what to do when you don't get it.

    Attorney Peter Lewis
    Peter Lewis has been an Illinois attorney since 2004. He currently has an extensive criminal law practice. He handles cases throughout Cook County and the collar counties.

    Contact Information
    5508 West Lawrence Ave
    Chicago, IL 60630
    773-853-0223

    http://pwlewislaw.com/

    Main Areas Of Law
     In Chicago what are the three main areas of law that govern the police use of body cameras?

    United States Department of Justice & Chicago Police Department Consent Decree Illinois Law Enforcement Officer-Worn Body Camera Act Chicago Police Department Special Order S03-14 on Body Worn Cameras
    What Does The Consent Decree Say About Body Cam?
    What does the Justice Department's Chicago Police Department Consent Decree say about the use of police body cams?

    On page 6 of the report it says,

    ...that the Justice Department supports the City’s decision to accelerate its plan to ensure that all CPD officers have body cameras.

    In the "Recommendations" section of the report, it says that CPD should "adopt use of force practices that minimize the use of fore." Subsection (i) states,

    Equip all patrol officers and supervisors, and officers who regularly interact with the public, including tactical officers, with body cameras, and develop a body camera policy delineating officers’ responsibilities regarding the consistent and appropriate use of body cameras and the retention and review of body camera footage.
    Consent Decree
    Important Details From The Illinois Body Cam Act
    ✓ The Illinois Law Enforcement Officer-Worn Body Camera Act does not require that police departments employ body cams. The act merely provides guideline for departments that wish to use them. The act also includes minimal feature and procedures that must be followed if a department chooses to use body cams. (Go to 4:04)

    ✓ "No officer may hinder or prohibit any person, not a law enforcement officer, from recording a law enforcement officer in the performance of his or her duties in a pubic place or when the officer has no reasonable expectation of privacy." 50 ILCS 706/10-20(11)

    ✓ Generally, body cam videos ARE NOT subject to FOIA requests unless you have been arrested, are a victim, or a witness. See 50 ILCS 706/10-20(b)

    Did You Know?
    ✓ As of right now every single Chicago Police Department patrol officer is suppose to be using a fully functioning and operable body cam device. (Go to 2:59)

    What You Need To Know About The Chicago Police Department Body Cam Special Order
    The policy says in clear unmistakable terms that,

    All sworn members and their immediate supervisors assigned to a Bureau of Patrol district normally assigned to field duties and any other member at the discretion of the district commander will be assigned and utilize a BWC.
    CPD Special Order S03-14
    This is one of the most important things listed in Special Order S03-14, it's under the "Operational Procedures" section. (Go to 6:20)

    An attorney trying to hunt down body cam footage may want to know the following to help facilitate the search (Go to 10:08):

    Name of person arrested Date of arrest RD number Incident number Name of officers involved Badge number of officers involved Beat Number
    ✓ CPD currently has 8,200 video cams issued to officers. This should be enough to cover the entire patrol division. (Go to 14:5

    • 33 min
    Illinois v. Caballes: The Police Drug Dog Sniffer Case

    Illinois v. Caballes: The Police Drug Dog Sniffer Case

    Illinois v. Caballes, 543 U.S. 405 (2005). SCOTIS Notice (Duration 1:43)
    This is the SCOTUS case that set the framework for the use of drug dogs in the United States.

    [insert mp3 player]
    This opinion normalized the use of drug dogs by police departments during traffic stops. The case concluded that police don't need a warrant when they walk a drug dog around a car during a traffic stop.
    Issue Do police need a warrant to use a drug dog to sniff a car during a traffic stop? Facts Driver was stopped and ticketed for speeding. During the traffic stop, a canine unit appeared and a dog handler walked the dog around the car. The police dog alerted on the trunk. Police searched the trunk. Driver was arrested for trafficking cannabis. Everything happened in under 10 minutes. He was sentenced to 12 years. Analysis A privacy interest (that society recognizes as reasonable) cannot exist from aromas that come from completely illegal contraband. There is no right to privacy that protects illegal smells. Holding Conviction was affirmed because there was no 4th amendment violation. Related Cases Florida v. Jardines, 133 S.Ct. 1409 (2013) (drug dog brought to front stoop of a house) Florida v. Harris, 133 S.Ct. 1050 (2013) (drug dog reliability is determined by a totality of the circumstances) Rodriquez v. United States, 135 S. Ct. 1609 (2015) (any delay during a traffic stop to give the dog time to arrive is unreasonable) [insert video]
    Key Facts In Illinois v. Caballes Key facts in the case include ...
    Defendant’s car stopped He’s ticketed for speeding During stop canine unit appeared Sniff dog handler walks the dog around car Drug dog alerts on the trunk Car searched Cannabis discovered Convicted for trafficking cannabis Everything happened in under 10 minutes The case began as a traffic stop for speeding. The car was stopped and driver ticketed for speeding. During the traffic stop, a canine unit appeared and a dog handler walked the dog around the car. The police dog alerted on the trunk. Police searched the trunk. Driver was arrested for trafficking cannabis.
    Everything happened in under 10 minutes.
    Key Finding  Key findings from the court:
    Police Dog Drug Sniffs are Not Searches Practical Limits Remain Not That Many K-9 Units Police Can Not Cause an Undue Delay The case worked its way up to the United States Supreme Court, where the Court’s central finding was that:
    “That any interest in possessing contraband cannot be deemed legitimate, ‘and thus, governmental conduct that only reveals the possession of contraband’ compromises no legitimate privacy interest.” Quoting United States v. Place, 462 U. S. 696 (1983).
    You don’t have a privacy interest in illegal smells.
    The Aftermath of Illinois v. Caballes This case threatened to blow this issue wide open in favor of the police and the use of drug dogs. The central finding that a police dog sniff was not a search meant the use of drug dogs could perhaps be expanded to other areas besides a traffic stop.
    The gist of the ruling is that a privacy interest (that society recognizes as reasonable) cannot exist from aromas that come from completely illegal contraband.
    “A dog sniff conducted during a concededly lawful traffic stop that reveals no information other than the location of a substance that no individual has any right to possess does not violate the Fourth Amendment.”  Caballes, 543 U.S. 405 (2005).
    So if a sniff is not a search police can probably do more of them without running afoul of the 4th amendment.
    There Are Still Limitations Yet, even Caballes recognized limits on the use of police dogs during a traffic stop. Beginning with Caballes itself, we can see that fundamental limits on the use of sniffer dogs during traffic stops were built right into the system.
    The Court approvingly noted that the police officers detaining Caballes did not delay the traffic stop just so that the drug dog could finish the sniffin

    • 1 min
    What To Do About Fatally Flawed Criminal Charges: Alan Downen Interview

    What To Do About Fatally Flawed Criminal Charges: Alan Downen Interview

    People v. Rowell, 229 Ill. 2nd 82 (May 2008). Episode 686 (Duration 31:58)
    What's the best way to handle legally insufficient criminal charges? In this episode you get a feel for what it's like working in the criminal law.


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    Illinois attorney Alan Downen walks us through the detailed intricacies of just one issue in criminal litigation:
    In This Episode... "There's an old saying about losing your 'tall'. 'Tall' is your favorite marble." -- Alan Downen.
    Illinois Attorney Alan Downen Alan Downen has been a member of the Illinois bar since 1974. He's a solo practitioner concentrating his practice in the areas of criminal, DUI, traffic law.
    His office is in McLeansboro, Illinois.
    "Can't Miss" Moments: ✓ Here's an example of the kind of fatally flawed or legally insufficient charging document we are talking about: A defendant charged with aggravated domestic battery is charged by information. However, the information is missing the mental state. It doesn't state if defendant acted "knowingly" or "intentionally". It also omits the type of battery the defendant is alleged to have done. It doesn't say if he caused bodily harm or committed insulting or provoking contact. (Go to 3:35)
    ✓ What's the law now? What does a court do when it's confronted with a legally insufficient complaint? Well it depends. There are two legal standards. If a motion to dismiss is filed pretrial the court will adopt a "strict construction" policy and automatically dismiss the charges without prejudice. That means the state is free to refile. If the motion to dismiss if filed on appeal or after the trial is over then a defendant must show prejudice to get the charges dismissed. (Go to 5:07)
    ✓ Some defense attorneys say they don't the prosecution a darn thing. There's nothing wrong with lying in the weeds and springing the issue on the state when the time is right. (Go to 6:40)
    ✓ Why some judges really hate a motion to dismiss, and why they'll accuse you of "sandbagging" and other dastardly legal things.  (Go to 7:16) & (Go to 15:40)
    ✓ "Like any attorney, if the judge asks you a question and you answer like this, 'Yea - I'm ready to go' when you know that there's a problem. That's kinda troublesome to me as an attorney...But that's kinda the scenario." (Go to 8:42)
    ✓ The problem with informing the state they have a bad charge. (Go to 9:20)
    ✓ Why it better to save your motion to dismiss until after the trial has started. Sure, you have to show prejudice but a few cases demonstrate that can be done.  (Go to 9:51)
    ✓ The thing about the Rowell case is that it really highlights how a defense attorney can go about demonstrating the prejudice that results to an accused with a fatally flawed charging document is filed against them.  This is the "bible" on insufficient charging instruments. (Go to 11:49)
    ✓ Talk about getting caught in court with your pants down. This might be every prosecutor's worst nightmare.  (Go to 11:20)
    ✓ The number one lesson for prosecutors about this discussion is this. Some of them will do it. Many more won't and that's exactly why criminal defense can be so fun sometimes.  (Go to 13:55)
    ✓ Why defense attorneys sometimes win by filing "the wrong" motion against all precedent and contrary to clearly applicable laws, and why judges are quick to grant you these "meritless" motions. (Go to 17:49)
    ✓ "You have a duty to the court as a lawyer to be honest and forthright. But you also have a duty to your client. Sometimes, as you say, the lines are just real clear." (Go to 22:29)
    ✓ What an older attorney told Alan about the practice of law. Why sometimes it's best to do nothing even when you know something can be done. (Go to 24:25)
    Links & Resources 725 ILCS 5/11-3(a)(3) states that In Illinois "a charge shall be in writing and alle

    • 31 min

Customer Reviews

4.4 out of 5
48 Ratings

48 Ratings

773999BLUM ,

Great content

I personally know the podcaster and love these programs. I wish he did more. Shout out to the audio law learners.

Rachel2crafty ,

Energetic and passionate!

Very interesting, and explains law in a very informative and interesting way. Just wish it was for my own state 🤭

Nickname333333333 ,

Stop Yelling and Just Read

The topics of law are interesting and the host’s comments are usually funny and informative. However, the host yells for most of each episode and god it is annoying. Stop yelling!!!!

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