Yearly Archives: 2014

STAYING PAST YOUR WELCOME: HOW RETAIL THEFT BECOMES BURGLARY IN ILLINOIS

In Illinois, you can be charged with burglary if you 1) enter or remain in a building without authority 2) with intent to commit a felony or theft. Under recent Illinois case law, you can lose the authority to enter … Continue reading

Posted in burglary, retail theft, shoplifting | Leave a comment

NEW ILLINOIS LAW PENALIZES KRATOM USE BY MINORS

As of January 1, 2015, children under age 18 may not sell or possess any product containing the herbal drug Kratom. Kratom is derived from the Mitragyna speciosa, a tree native to Thailand. Its effects are similar to morphine or … Continue reading

Posted in controlled substance, drug offenses, kratom, minors, narcotics | Leave a comment

THE POLICE ARE AT MY DOOR: KNOCK AND TALK DOCTRINE IN ILLINOIS

When you answered the doorbell, you were surprised to see the police. The officer said he had a few questions and wanted to know if he could come in. The officer did not have a search warrant. Do you have … Continue reading

Posted in 4th Amendment, Fourth Amendment rights, illegal search, knock and talk, search and seizure | Leave a comment

ILLINOIS TOUGHENS LAW ON DOMESTIC VIOLENCE OFFENDERS

Starting January 1, 2015, Illinois law gives the Court new tools to discourage offenders from violating an order of protection. Known as “Diane’s Law,” the new law enables the court to keep tabs on an offender’s whereabouts through electronic or … Continue reading

Posted in domestic battery, domestic violence, order of protection, violation of order of protection | Leave a comment

CAN POLICE SEARCH YOUR GARBAGE WITHOUT A WARRANT?

Whether police need a search warrant for something like a garbage can generally depends on whether you have a reasonable expectation of privacy in the place or thing being searched. When it comes to garbage, your expectation of privacy can … Continue reading

Posted in curtilage, garbage, illegal searches, reasonable expectation of privacy, trash search without a warrant, warrantless search | Leave a comment

“I CLICKED ON THE WRONG SITE!”: THE ILLINOIS LAW ON CHILD CYBER-PORNOGRAPHY

You were browsing some adult content sites on your computer when you came across some links to other photos. You clicked on the links and to your horror, they were photos of children in suggestive poses. Somehow, the police found … Continue reading

Posted in child pornography, Cybercrime, cyberpornography | Leave a comment

SECOND CHANCE PROBATION IN ILLINOIS

You’ve never done anything wrong before, but when you did, the crime was a big one. Maybe the cost of the designer jeans you shoplifted upgraded you into felony territory. Or you had just a little too much pot or … Continue reading

Posted in clear criminal record, criminal record, probation, second chance probation | Leave a comment

WHAT TO DO IF YOU HAVE NOT HIRED AN ATTORNEY FOR YOUR FIRST CRIMINAL OR DUI COURT DATE IN ILLINOIS

You were recently charged with a crime, and your first court date is coming up fast. You intended to hire an attorney, but haven’t been able to do so yet—either because of time or money or you just haven’t picked … Continue reading

Posted in appearance, court appearance, court date | Leave a comment

DO THE POLICE NEED A WARRANT TO SEARCH A CELL PHONE? THE U.S. SUPREME COURT SAYS ‘YES!’

Police generally do not need a warrant to search a suspect as part of a lawful arrest. Such a search may be limited to the person of the arrestee and the area immediately within their control. However, most of us … Continue reading

Posted in arrest warrant, arrest. criminal arrest, cell phone search, search and seizure | Leave a comment

“BUT I JUST TEXTED!”: THE LAW ON CYBERSTALKING IN ILLINOIS

UPDATE: The Illinois Appellate Court declared this law unconstitutional on June 24, 2016. See our related post Illinois Stalking and Cyberstalking Laws Declared Unconstitutional. You broke up with your girlfriend. You still had something you wanted to say. But she … Continue reading

Posted in Cybercrime, cyberstalking, electronic harassment, electronic stalking, harassment, stalking | Leave a comment