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Recent Blog Posts
Does Race or Gender Influence Concealed Carry Permit Applications?
Earlier this year, Illinois officials announced that the total number of annual applications for concealed carry permits were on the decline. However, when it comes to legally owning and carrying guns, it turns out that certain segments of the population have maintained a steady interest in self defense and exercising their 2nd Amendment rights.
Citizen Niches Maintain Steady Interest
A recent report that provided a breakdown of annual applications for concealed carry permits in Illinois revealed that, despite decreases in license applications in other groups, the number of African-American women receiving permits has risen steadily since 2014. The numbers, derived primarily from Cook County, Illinois, show the following:
Illinois Red Light Cameras Source of Much Controversy
Since the installation of red light cameras began throughout Illinois, much debate has occurred over the effectiveness of these once heralded traffic control tools. A great deal of controversy surrounds the issuing of traffic tickets to motorists, and people have questioned whether the cameras are a safety device or a revenue generating resource for municipalities.
New Report Claims Clout Drives Camera Placement in Illinois
Despite the need for approval from the Illinois Department of Transportation (IDOT) prior to installation of red light cameras, a recent investigation and report indicated the cameras were going up at intersections that did not meet the established threshold for monitoring. The investigation found that:
Nine Charged in Connection With Violence at Amusement Park in Illinois
The arrival of the fall season means that haunted houses are beginning to open and Halloween-themed events are getting underway—many of them slated to run until late October. Of course, Halloween celebrations often include images of frightful fantasies, including ghosts, vampires, zombies, and more. It is not uncommon for more adult-oriented haunted houses to hire actors to portray sadistic murderers in an attempt to arouse the fear of willing customers. For one family, however, the violence was all too real, as they were severely beaten following an altercation with a group of teens at a Halloween event at Six Flags Great America.
A Violent Evening
According to various news outlets, the incident began while the family—a couple in their 50s and their 12-year-old son—was waiting in line for a ride during “Fright Fest” at Six Flags Great American in Gurnee. A large group of teens cut in front of the family, and the woman asked the group to stop using foul language in front of her son. The teens reportedly responded by “sucker-punching” the 12-year-old boy, then attacking the parents as they tried to intervene. The group continued to kick, punch, and stomp all three victims as they went to the ground, a representative from the Gurnee police said.
Protecting Yourself During a Lawful Protest
As protests both peaceful and violent become more and more common in cities across the United States, it might be a good idea to understand in advance the rights one is afforded when taking part in such an activity. Of course, the 1st Amendment protects every citizen’s right to free speech, but knowing how your actions at a protest may have consequences allows you to protect yourself from criminal charges.
Know What is Required of You Before You Attend a Rally or Protest
As stated, the First Amendment protects your right to speak. However, it is not a magic shield that allows you to act without regard for the law. Presented here is a summary of some important facts to help protect yourself:
- Your speech is protected, UNLESS you are on private property. In that case, the owner of the property can set limits and can order you off their property if you violate those limits.
Drug Possession Charges: What Do You “Know?”
Recently, a post on this blog discussed the two different types of drug possession that could lead to criminal charges. “Actual possession” refers to drugs on an individual’s person, such as in a pocket or in a backpack that he or she is carrying at the time of the search or arrest. “Constructive possession,” by comparison, refers to illicit substances being found in a location that the suspect has control over, such as the interior of his or her car or residence. There are, however, two other elements that prosecutors must prove to secure a conviction in a drug possession case and they both revolve around the word “knowingly.”
Knowledge and the Law
According to the Illinois Controlled Substance Act, “it is unlawful for any person knowingly to possess a controlled or counterfeit substance or controlled substance analog,” unless expressly permitted to do so for the practice of medicine or other purposes addressed in the law. Other statutes that govern the possession marijuana (in amounts greater than 10 grams) and methamphetamines contain similar language. The word “knowingly” is an extremely large part of the equation, and it can be broken down into two important elements.
Actual vs Constructive Possession: Drug Possession Charges in Illinois
If you have ever watched a television show about crime such as Law & Order or COPS, you have probably heard many of the typical claims a suspect makes when he or she is found to be in possession of illegal drugs. He or she might say “Those aren’t mine!” or “These are my friend’s!” or “Someone must have left these in my car.” In many cases, such excuses are little more than an attempt to avoid a drug possession charge. Sometimes, however, they are true. What happens if a passenger in a your vehicle brings drugs into your car and you are pulled over? It depends on the individual circumstances but in Illinois, where the drugs are found often determines what type of drug possession an individual can be charged with.
The Difference Between Actual and Constructive Drug Possession
There are two different types of drug possession in Illinois : actual possession and constructive possession. Actual possession is what most people think of as drug possession. It refers to an individual who is in physical possession of an illegal substance. He or she may be holding the item in his or her hand or carrying it in a pocket or purse. Actual possession also refers to an individual who attempts to dispose of drugs while being pulled over or questioned by police—by throwing them out the window of a car for instance. If a passenger in your vehicle is found to be in actual possession of drugs, you are less likely to be held responsible.
Understanding Your Rights When Police Ask For a Blood Test
Recently, we used this space to discuss the issue of search warrants and the threshold of evidence that constitutes probable cause. Furthermore, we addressed the matter as it related to an incident involving a nurse and the police that made national news when police attempted to obtain a blood sample without a warrant from an unconscious patient in a Utah hospital. Here, we wish to provide a little more detail as it pertains to your rights should you find yourself in a similar situation.
The problem in Utah began when an unconscious car crash victim was transported to the hospital. Another victim died as a result of the wreck, and police were conducting an investigation into the cause of the accident. Police believed they had “implied consent” to obtain a blood sample from the surviving victim.
Think Twice Before Ordering a Fake ID
A quick Google search for the phrase “fake ID” brings up more than 23 million results. Nearly all of the top results are websites purporting to offer false identification cards “that work” and “fool even experts.” Of course, fake IDs have been around for as long as the government has issued identification cards, but the digital explosion of the last two decades has made obtaining one easier than ever before. With just a few clicks, you can get a “reliable fake ID that help [sic] you hang out with friends and buy anything you want.” The idea of “knowing a guy” who can get fake IDs is a thing of the past, but there are many risks associated with false identification cards that you should know about before you buy one.
Bouncers and Bar Staff Know What to Look For
A vast majority of fake IDs are designed to look like government-issued driver’s licenses, and government officials are aware of that fact. That is why states are continually redesigning their licenses and adding new security features with each release. According to Secretary of State Jesse White, state-issued driver’s licenses in Illinois currently utilize more than a dozen different features intended to thwart counterfeiting and the production of fake IDs.
Opioid Spray Used in Fighting Overdose Deaths
According to records kept by the Federal government, the number of deaths due to drug overdoses and overdoses caused by heroin continue to increase across the country. Emergency medical professionals and law enforcement officials on the front lines are always seeking resources in an effort to combat this epidemic.
Opioid Nasal Spray
In 2014, the Federal Food and Drug Administration approved a Naloxone auto-injector, which was previously only available in ambulances and at hospitals, for use in homes and by trained law enforcement personnel as a means of preventing heroin overdose deaths. Recently, an increased number of agencies have begun a call for more widespread use of a nasal spray application of the life-saving treatment.
Narcan Nasal Spray counteracts the effects of a suspected or known opioid overdose, which becomes apparent by symptoms that include respiratory distress. The nasal spray administers a potentially life-saving dose of Naloxone HCl to counteract the effects of the drugs in a person’s system. Following administration of the spray, immediate emergency medical treatment is recommended.
Quantifying Alcohol Intoxication - .08 and the Law
If you are like most people, you probably know that the 0.08 is the “magic number” regarding drunk driving. A person with a blood-alcohol content (BAC) of 0.08 or higher may face charges for driving under the influence (DUI), but many people do not really understand what that number actually represents. In addition, it may be equally surprising to know that you could face DUI charges even if your BAC is lower than 0.08.
Two Ways of Determining BAC
Contrary to popular belief, Illinois law does not define blood-alcohol content as a percentage. There are many websites and resources that indicate that a BAC of 0.08 means that .08 percent of that person’s bloodstream is alcohol. In Illinois, at least, this is not how BAC is defined.
According to Illinois law, alcohol concentration can be determined in two ways: as a ratio of alcohol to blood or as a ration of alcohol to breath. The Illinois Vehicle code states, “Alcohol concentration shall mean either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.” These numbers were established based on scientific research to be equivalent to each other. A person with .08 grams of alcohol per 210 liters of breath is presumed to also have 0.08 grams of alcohol in every 100 milliliters of blood. (The density of alcohol actually means that a person with a BAC of 0.08 has more than .08 percent of his or bloodstream comprised of alcohol.)
