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MEET THE LAWYER DEFENDING EX-COP JASON VAN DYKE

Posted by Daniel Q. Herbert | Nov 17, 2020 | 0 Comments

Photo by John R. Boehm By  CLAIRE BUSHEY Chicago lawyer Daniel Herbert doesn't accept every cop who comes to him as a client. But he did take the toughest case to come along in years—the murder rap against Jason Van Dyke, the defendant in a 2014 police shooting that made both the officer and the ...

ATTORNEY: SUSPENDING OFFICERS WAS RUSH TO JUDGMENT

Posted by Daniel Q. Herbert | Nov 17, 2020 | 0 Comments

October 27, 2010 11:20 AM Attorney Daniel Herbert has filed suit on behalf of two police officers who were wrongfully accused in a brutality investigation. (Credit: CBS) CHICAGO (CBS) – Two Chicago Police officers are taking their boss to court, accusing Supt. Jody Weis of slander after they were...

ATTACK ON JASON VAN DYKE REFLECTS ‘MENTALITY THAT PEOPLE WON’T REST UNTIL HE IS EITHER GIVEN A LIFE SENTENCE OR KILLED IN PRISON,’ LAWYER SAYS

Posted by Daniel Q. Herbert | Nov 17, 2020 | 0 Comments

Tiffany Van Dyke, wife of former Chicago police Officer Jason Van Dyke, gets emotional as she talks about her husband being beaten in his prison cell at a Connecticut federal prison. (Antonio Perez/Chicago Tribune) By Megan Crepeau An attack last week against former Chicago police Officer Jason V...

USE OF GPS MONITORING NOT FOURTH AMENDMENT VIOLATION

Posted by Daniel Q. Herbert | Nov 14, 2020 | 0 Comments

In prosecution on bank robbery charges, Dist. Ct. did not err in denying defendant's motion to supnews evidence seized from defendant's car that was subject to GPS tracking device that police followed from Indiana to California after police had obtained warrant to use such device and had arranged...

STATE’S REQUEST FOR CELL PHONE PASSCODE DENIED

Posted by Daniel Q. Herbert | Nov 14, 2020 | 0 Comments

Defendant was arrested for unlawful possession of a controlled substance. State moved to compel him to disclose the passcode for a cell phone found on him when he was arrested. Court properly denied State's motion, as it would violate Defendant's 5th amendment right against self-incrimination. Pa...

SEARCH WARRANT TOSSED

Posted by Daniel Q. Herbert | Nov 14, 2020 | 0 Comments

Defendant was convicted, after jury trial, of unlawful possession of a weapon by a felon but was acquitted of unlawful possession of a controlled substance with intent to deliver. Totality of circumstances fails to establish a nexus between supplier's drug deals and Defendant's home. Magistrate h...

SEARCH AND SEIZURE

Posted by Daniel Q. Herbert | Nov 14, 2020 | 0 Comments

The United States Court of Appeals for the Seventh Circuit vacated and remanded a case in U.S. v. Williams, No. 12-3864 (September 24,2013) based upon an improper frisk. In prosecution on unlawful possession of firearm charge, Dist. Ct. erred in denying defendant's motion to supnewsfirearm seized...

PUTTING 2018 IN THE REARVIEW MIRROR

Posted by Daniel Q. Herbert | Nov 14, 2020 | 0 Comments

Law enforcement officers involved in a deadly force situation cannot afford to presume that their department supervisors will protect their interests in the aftermath of a shooting. Those days are gone. I was involved in a shooting in 1996. After the shooting, our tact lieutenant and district com...

OFFICER ENTITLED TO BENEFITS

Posted by Daniel Q. Herbert | Nov 14, 2020 | 0 Comments

Circuit Court upheld an administrative decision awarding health insurance benefits to city police officer under section 10 of Public Safety Employee Benefits Act. Hearing officer found that police officer slipped on ice and fell and sustained catastrophic injuries while investigating “a possible ...

DELIVERY OF A CONTROLLED SUBSTANCE | 4TH DIST.

Posted by Daniel Q. Herbert | Nov 14, 2020 | 0 Comments

Defendant was convicted, after jury trial, of unlawful delivery of a controlled substance within 10,000 feet of a church. State proved beyond a reasonable doubt that there was a church, and that it was functioning as it purported to be, at the location in question at the time of the offense. Dete...

DELIVERY OF A CONTROLLED SUBSTANCE | 4TH DIST.

Posted by Daniel Q. Herbert | Nov 14, 2020 | 0 Comments

Defendant was convicted, after jury trial, of unlawful delivery of a controlled substance within 10,000 feet of a church. State proved beyond a reasonable doubt that there was a church, and that it was functioning as it purported to be, at the location in question at the time of the offense. Dete...

CONSENT DEGREE CALLS FOR WATERED-DOWN POLICING

Posted by Daniel Q. Herbert | Nov 14, 2020 | 0 Comments

I routinely find it difficult to carve out enough time in the day to do some light reading. Recently, I forced myself to make time for this endeavor. I just finished reading a tale of battles between various groups fighting for territory and using some of the most ruthless tactics. The story invo...

HERBERT PROUD TO SERVE PBPA

Posted by Daniel Q. Herbert | Nov 17, 2019 | 0 Comments

The Law Offices of Daniel Q. Herbert and Associates is proud to announce that it has been selected as the Legal representative for the Police Benevolent and Protective Association (PBPA) whose representation includes Chicago Police supervisors. We are pleased that we have been entrusted with repr...

BE AWARE OF YOUR DUTY TO PROTECT

Posted by Daniel Q. Herbert | Nov 17, 2019 | 0 Comments

Be Aware of Your Duty to Protect Recently, a federal jury awarded a $1 million dollar judgment to a female arrestee who died while in Chicago Police custody. The City of Chicago denied wrongdoing and claimed the arrestee had ingested packets of heroin prior to her arrest and she refused any med...

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