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CITY OF CHICAGO SEEKS TO DISMISS SHAKMAN DECREE

Posted by Daniel Q. Herbert | Oct 09, 2015 | 0 Comments

On May 15, 2014, the City of Chicago filed a Joint Motion in the original Shakman case (Case#69 C 2145) to set a hearing date to argue that the City has substantially complied with the Shakman decree and the Shakman decree should be dismissed against the City. The evidence obtained in a pending c...

CONFESSION SUPPRESSED BECAUSE OF FAILURE TO MIRANDIZE

Posted by Daniel Q. Herbert | Aug 13, 2015 | 0 Comments

In People v Coleman, the Illinois Appellate Court considers the definition of police custody in order for police to be required to provide Miranda Warnings. The court ruled that the determination of custody depends on the objective circumstances of the interrogation and not of the subjective view...

5 MINUTE DETENTION REASONABLE FOR CANINE’S ARRIVAL

Posted by Daniel Q. Herbert | May 20, 2015 | 0 Comments

Police officers conducted a traffic stop after twice observing tires of Defendant's vehicle completely crossing over solid white traffic lines on the road. The police discovered a duffel bag containing 900 grams of heroin after conducting a dog sniff test. The court ruled that probable cause exis...

COPS ARE CITIZENS TOO

Posted by Daniel Q. Herbert | Apr 14, 2015 | 0 Comments

Thanks to Mother Nature, roadways are especially dangerous this time of year; even more so than normal. Police Officers spend a great deal of their tour navigating the streets; therefore it is not unusual that many officers become involved in traffic accidents every year. We have all seen people ...

WHAT IF YOU WANT TO HOLD YOUR BREATHALYZER?

Posted by Daniel Q. Herbert | Jul 07, 2014 | 0 Comments

It is generally accepted that departments are permitted to require its police officers to possess a valid Illinois driver's license as a condition of employment. What happens when a police officer has his license suspended for refusing a breathalyzer test while off-duty? In the past, the officer ...

2 EX-COPS PLEAD GUILTY TO MISCONDUCT, AVOID PRISON

Posted by Daniel Q. Herbert | Feb 16, 2014 | 0 Comments

Juan Vasquez, left, and Paul Clavijo each pleaded guilty Jan. 22 to a single felony count official misconduct. (Cook County Sheriff's Office photos) Allegations of sexual assaults dropped in deal February 16, 2014|By Steve Schmadeke, Tribune reporter Two Chicago police officers indicted for sexua...

QUESTIONING VETERAN’S PREFERENCE FOR PO POSITIONS

Posted by Daniel Q. Herbert | Oct 24, 2013 | 0 Comments

Hiring plans for Police Departments throughout the country have instituted a Veteran's Preference for all veterans who served active duty in the U.S. Armed Forces. However, the reality is that some departments completely ignore this policy and actually institute a policy of disqualifying candidat...

COPS ARE ENTITLED TO “FAIR AND TIMELY” TOO

Posted by Daniel Q. Herbert | Sep 09, 2013 | 0 Comments

Police officers throughout this country are subject to numerous rules and regulations relating to the performance of their job. Nowhere is this more recognizable than during criminal investigations. Federal law, state law, municipal ordinances and various department policies govern the conduct of...

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