{"id":59416,"date":"2024-11-22T14:15:34","date_gmt":"2024-11-22T19:15:34","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59416"},"modified":"2024-11-22T14:15:34","modified_gmt":"2024-11-22T19:15:34","slug":"il-arrest-on-recalled-aw-not-suppressed-where-officers-checked-and-rechecked-it","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=59416","title":{"rendered":"IL: Arrest on recalled AW not suppressed where officers checked and rechecked it"},"content":{"rendered":"\n

Officers checked a law enforcement database and found an arrest warrant on defendant. They rechecked. Afterward, it turned out the warrant had been recalled but was still in the system due to a clerical error. The court will not suppress because the exclusionary rule is to remedy police misconduct, and there isn\u2019t any here. People v. Nash<\/a>, 2024 IL App (4th) 221078, 2024 Ill. App. LEXIS 2602 (Nov. 21, 2024).<\/p>\n\n\n\n

\u201cThe Court determines that from the DEA investigation, probable cause existed for Jimerson’s arrest. The DEA corroborated its tips from confidential sources by conducting surveillance of Jimerson’s residence, obtained conversations between Jimerson and those sources regarding the transactions, and observed several people arriving at the residence empty-handed or with large suitcases and leaving with bags. Based on these facts, the Court concludes that a reasonable officer would conclude that there was \u2018a substantial chance of criminal activity\u2019 occurring at Jimerson’s Cahokia residence.\u201d Defendant\u2019s stop was valid under Tenth Circuit caselaw, no matter how compelling he thinks other circuits cases are. United States v. Jimerson, 2024 U.S. Dist. LEXIS 211523 (S.D. Ill. Nov. 20, 2024).*<\/p>\n\n\n\n

The affidavit for search warrant provides sufficient detail for probable cause to show reliance on it was in good faith. State v. Cheley, 2024 La. App. LEXIS 1984 (La. App. 3 Cir Nov. 20, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Officers checked a law enforcement database and found an arrest warrant on defendant. They rechecked. Afterward, it turned out the warrant had been recalled but was still in the system due to a clerical error. The court will not suppress … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[14,11,20,63],"tags":[],"class_list":["post-59416","post","type-post","status-publish","format-standard","hentry","category-exclusionary-rule","category-good-faith-exception","category-probable-cause","category-reasonableness"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59416","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=59416"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59416\/revisions"}],"predecessor-version":[{"id":59417,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59416\/revisions\/59417"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59416"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59416"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59416"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}