{"id":1927,"date":"2008-08-31T17:31:46","date_gmt":"2008-03-30T10:14:12","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-03-30T10:14:12","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1927","title":{"rendered":"IL: Removing defendant from jail to police station for planned “overhear” was a separate illegal arrest"},"content":{"rendered":"

Alleged serial killer’s statements when he was removed from the jail by the police to come to the Chicago Police station to put him in a room and talk to another person so the police could overhear the conversations were the products of illegal arrests, and nothing broke the chain of illegality. He was in the custody of the Sheriff of Cook County in the jail, and he was taken in handcuffs to the police station, and the removal was an arrest, during which he insisted on his right to counsel. People v. Hunt<\/a>, 381 Ill. App. 3d 790, 886 N.E.2d 409 (4th Dist. 2008).*<\/p>\n

Defense counsel was not ineffective for not challenging the search under defendant’s car’s hood. There was probable cause for the search of the car, and that search was not improper. State v. Contreras<\/a>, 2008 Ohio 1413, 2008 Ohio App. LEXIS 1245 (8th Dist. March 27, 2008).*<\/p>\n

The affidavit for the search warrant for defendant’s property for child pornography showed a fair probability that child porn would be found, so the judgment is affirmed. State v. Ingold<\/a>, 2008 Ohio 1419, 2008 Ohio App. LEXIS 1232 (10th Dist. March 27, 2008).* (Comment:<\/em> I don’t think I’ve seen an affidavit for a search warrant in the course of my practice that actually failed to show PC in a long time, considering the “soft standard” of Gates<\/em>. I did succeed in arguing that an affidavit for arrest pending an extradition failed to show probable cause just a month ago. These are almost impossible issues to win, except when the affidavit is just devoid of facts.)<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-1927","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1927","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1927"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1927\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1927"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1927"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1927"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}