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Recent Blog Posts
Some Health Systems Are Hesitant to Recommend Medical Marijuana
A recent post on this blog talked a little about national trends and local efforts regarding the legalization of recreational marijuana. While several lawmakers in Illinois have begun the process of trying to legalize recreational use of the drug, only approved medical use is currently legal under state law. The state’s medical marijuana program currently includes more than 23,000 registered patients, but many believe the number could be higher if certain doctors and health systems were more inclined to recommend cannabis for approved conditions.
Qualification Requirements
In order to qualify for participation in the Compassionate Use of Medical Cannabis Pilot Program in Illinois, a patient must be diagnosed with one of about 40 specified debilitating medical conditions. These conditions include various forms of cancer, as well as HIV/AIDS, Crohn’s disease, amyotrophic lateral sclerosis (ALS), glaucoma, multiple sclerosis, muscular dystrophy, and post-traumatic stress disorder (PSTD).
The Question of Reasonable Suspicion in Criminal Arrests
In spite of efforts to thoroughly define procedures for detaining criminal suspects, the law actually provides police with a certain amount of leeway during the course of executing their duties. Although everyone is innocent until proven guilty, police often apply the somewhat vague standard of reasonable suspicion to a situation when attempting to investigate the possibility of criminal activity.
How and When Reasonable Suspicion Is Applied
The concept of reasonable suspicion was first established by the United States Supreme Court in 1968. It allows police to stop and briefly detain a person if, based on the officer’s training, they believe that person may be engaged in criminal activity. However, while reasonable suspicion is intended to permit law enforcement the opportunity to slow or stop action in a situation so they can gather information and determine whether or not an illegal act occurred, its application can create controversy.
Do You Have to Unlock Your Phone for the Police?
Just as technology makes advances on what seems like a daily basis, the laws governing the use of and access to technological devices is still evolving. A case currently making its way through Illinois courts addresses just this issue, and, as it stands, law enforcement now can require an owner to unlock their cell phone in the process of executing a search warrant. This district court decision overturned a lower court’s decision on the matter, making the contents of one’s phone subject to search as part of a criminal investigation.
Are Your Face or Fingerprints Protected by the Constitution?
In the interests of convenience and security, cell phone manufacturers have begun adding features that allow a user to access their cell phone through a facial recognition program, or by using fingerprint identification technology. Access via these and other security code programs continue to be the subject of legal battles between law enforcement, the public, and product manufacturers. An Illinois district court ruled that access by means of fingerprint was covered under the parameters of a search warrant, based on the circumstances of the case, which included:
Longtime Illinois Lawmaker Charged With Retail Theft
In an ideal world, nobody would be above the law. Our world, of course, is not perfect, and many individuals—especially business leaders and politicians—seem to get away with things that the average citizen would not. For at least one former Illinois state representative, however, this does not appear to be the case, as she is now facing charges in connection with retail theft from a shopping center in Lombard.
Alleged Return Fraud Attempt
According to several local news outlets, the 71-year-old former General Assembly member allegedly stole three women’s clothing items from a Von Maur store at the Yorktown Shopping Center in late September. The items were reportedly taken around 2:00 in the afternoon. Authorities say that the woman returned to the store a little after 9:00 p.m. the same day and tried to return the stolen merchandise for cash or store credit.
Understanding Domestic Battery in Illinois
Domestic violence is a problem that continues to plague tens of thousands of families across the country. Despite countless awareness programs, educational campaigns, and victim empowerment efforts, as many as one in three women and one in four men will experience domestic violence at the hands of an intimate partner at least once in their lifetime.
In terms of the law, domestic abuse is an area that blurs the line between family law and criminal law. It is understandable that such behavior would be a factor in cases related to child custody and parental rights, but the same actions that cost a parent time with his or her children could also result in criminal penalties as well. Domestic violence is most often charged as domestic battery in Illinois, and it is important to understand the potential consequences.
Two Types of Actions
Just as the crime of battery may be committed in two ways, domestic battery can too. A person commits domestic battery when he or she causes bodily harm to a family or household member. Domestic battery may also be charged in the absence of bodily harm if a person makes physical contact of a provoking or insulting nature with a family or household member. Thus, a slap across the face could be considered domestic battery, even if the slap did not cause a cut or bruise.
Is Illinois Poised to Legalize Recreational Marijuana?
In 2015, Illinois joined 28 other states that offer access to medical marijuana for qualifying patients. Recently, advocates and some politicians have begun steering the legalization conversation toward expanding access to marijuana in this state for recreational use.
New Tactics in the War on Drugs
Although the federal government still considers cultivation, possession, distribution, and use of marijuana a crime, several states across the country have begun enacting laws decriminalizing marijuana. In addition to the variety of medicinal qualities researchers have identified, some lawmakers consider the legal sale of marijuana an emerging and untapped source of revenue. Here are some of the events that have helped shift the conversation about marijuana legalization:
- In addition to the 29 states that offer access to medical marijuana, eight states have legalized its sale for recreational use.
Chicago Releases Gun Trace Report
The city of Chicago has been making headlines across the country due to recent spikes in violent crime. Gun violence remains a major problem throughout the region and law enforcement officials continue to look for ways to combat the issue. As part of that effort, city officials recently conducted extensive research regarding thousands of firearms used in the commission of crimes and recovered by the Chicago Police Department. The findings were released early this week as part of the city’s second “Gun Trace Report.”
Four Years of Recovered Guns
This year’s Gun Trace Report looked at guns seized by the CPD between 2013 and 2016 and compiled as much information about the weapons as officials could find. The data included the types of guns, where they were purchased, who originally purchased them, any subsequent legal purchases, and more. The report also offered suggestions on how to reduce gun violence in the Chicago area.
Bump Stock Ban Fails in Illinois House of Representatives
In the wake of one of the country’s deadliest acts of gun violence, Illinois legislators attempted to pass a bill that would prohibit the use of “bump stocks” and other means for modifying the trigger action of semi-automatic weapons. Officials from both parties objected to all or parts of the bill, which gained only 48 of the necessary 71 votes in favor of passage.
Las Vegas Response
The availability and use of semi-automatic weapons are topics frequently debated by citizens, law enforcement, and elected officials across the country. House Bill 4117 was written after it was learned that the man believed responsible for the recent Las Vegas shooting used a “bump stock” modification to increase the rate of fire on several semi-automatic weapons. It should be noted that law enforcement confirmed that all those weapons were obtained through legal means.
Illinois Man Sentenced to 20 Years for $2 Million Worth of Drugs
The Fourth Amendment to the U.S. Constitution guarantees citizens the right to be free from unreasonable searches and seizures conducted by agents of the state, including law enforcement officials. Of course, these rights are constantly being debated as new scenarios and technologies arise. Over the years, courts throughout the country have provided direction regarding when a warrantless search of a person’s car or property is permitted. Most such cases involve the existence of probable cause that a crime is being committed or that the search will yield evidence of a crime. Probable cause can be established in a number of ways, including if the officer detects the distinct odor of an illegal substance. It was exactly this situation that led to the arrest of an Illinois man last November when officers discovered more than $2 million worth of drugs in his car.
Across State Lines
Late last year, a 57-year-old man from Metropolis, Illinois—a small city on the Illinois-Kentucky border—was pulled over for speeding in Carter County, Missouri. During the stop, a sheriff’s deputy smelled what he thought was marijuana and conducted a search of the vehicle. The search uncovered more than 870 pounds of marijuana, 12 pounds of methamphetamine, and two pounds of cocaine, with a total estimated street value of $2.4 million.
Suspect Facing Charges for Pushing Man onto CTA Tracks While Drunk
At one point or another in our lives, we have all made questionable decisions. In some situations, it is reasonable to say that alcohol affected our judgment, but when the decisions in question lead to illegal behavior, having too much to drink is not a valid justification. Alcohol is certainly not an excuse when a person’s conduct places another’s life or physical well-being in jeopardy. This may have been the case a couple of months ago when an apparently intoxicated man allegedly pushed another man onto the tracks at CTA station in downtown Chicago. The victim was not seriously hurt, but the man who reportedly pushed him is now facing several charges including attempted murder and aggravated battery.
An Unpleasant Surprise
The incident occurred in early August when officials say a 34-year-old man jumped a turnstile at the Washington Street station of the CTA Blue Line. According to prosecutors and a surveillance video shown during preliminary hearings, the man appeared to be intoxicated as he stood behind the 46-year-old male victim. The younger man suddenly and without provocation pushed the victim onto the tracks, officials allege. The victim sprained his wrist in the fall and landed inches from the high-voltage third rail. The fallen man tried to get back onto the platform but the suspect reportedly blocked his attempts and pushed his hands away.
