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FTO Update March 19, 2010

FTO Update March 19, 2010. Law Blocks of Instruction. Criminal Offenses 1, 2, and 3 Laws of Arrest Use of Force/Civil Rights & Liabilities Rights of Accused/Laws of Admissions Investigative Stops Search Warrants (and the Exceptions) Rules of Evidence/Case Prep Traffic Bench Trials

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FTO Update March 19, 2010

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  1. FTO UpdateMarch 19, 2010

  2. Law Blocks of Instruction • Criminal Offenses 1, 2, and 3 • Laws of Arrest • Use of Force/Civil Rights & Liabilities • Rights of Accused/Laws of Admissions • Investigative Stops • Search Warrants (and the Exceptions) • Rules of Evidence/Case Prep • Traffic Bench Trials • LE Driving (Legal Issues) • Juvenile Law • Law Review • Courtroom Demo (DUI)

  3. Other Law Blocks of Instruction • Child and Elder Abuse • Consent Search • Domestic Violence • Drugs • DUI • IVC

  4. Law Blocks of Instruction • Criminal Offenses 1, 2, and 3 • Criminal Offenses 1 of 3: basic information about definitions, statute of limitations, mental states, defenses • Criminal Offenses 2 of 3: the elements of the crime for crimes against persons • Criminal Offenses 3 of 3: the elements of the crime for crimes against property

  5. Law Blocks of Instruction • Laws of Arrest, Search and Seizure • Laws of Arrest • Investigative Stops (both traditional Terry stops and vehicle stops) • Search Warrants (and the exceptions to the SW requirement)

  6. Law Blocks of Instruction • Courtroom Preparation and Practicals • Rules of Evidence/Case Prep: classroom instruction on the rules of evidence and the trial process • Traffic Bench Trial: practical in which the recruits testify about a traffic citation they wrote in IVC 2 of 2 • Courtroom Demo: practical in which the recruits testify about their DUI report

  7. PTI Resources • Website: www.pti.uiuc.edu • Resources/News • PTI Case Law Summary • Summaries of various law enforcement issues • Legal Resources • Illinois Secretary of State website www.cyberdriveillinois.com • Illinois General Assembly www.ilga.gov

  8. New Laws 2010 • IVC • No Texting: Electronic Communication 625 ILCS 5/12-610.2 • No Phone in School/Work Zones 625 ILCS 5/12-610.1 • Secret Compartment 625 ILCS 5/12-612

  9. New Laws 2010 • Criminal Code-Bodily Harm • Aggravated Domestic Battery “Strangulation” 720 ILCS 5/12-3.3 • (a-5) A person who, in committing a domestic battery, strangles another individual commits aggravated domestic battery. • For purposes of this subsection (a-5), “strangle” means intentionally impeding the normal breathing or circulation of the blood of an individual by applying pressure on the throat or neck of that individual or by blocking the nose or mouth of that individual.

  10. New Laws 2010 • Criminal Code-Bodily Harm • Aggravated Battery “Strangulation” 720 ILCS 5/12-4 • (d-6) A person commits aggravated battery when he or she, in committing a battery, strangles another individual. • For purposes of this subsection (d-6), “strangle” means intentionally impeding the normal breathing or circulation of the blood of an individual by applying pressure on the throat or neck of that individual or by blocking the nose or mouth of that individual.

  11. New Laws 2010 • Criminal Code-Bodily Harm • Stalking, Aggravated Stalking, Cyberstalking 720 ILCS 5/12-7.3, 7.4 & 7.5 • Changed the statute to read “course of conduct directed at a specific person” • Defined “course of conduct” as two or more acts, including but not limited to acts in which a defendant directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, engages in other non-consensual contact, or interferes with or damages a person’s property or pet. A course of conduct may include contact via electronic communications.

  12. New Laws 2010 • Criminal Code-Bodily Harm • Gang Recruitment of Minor 720 ILCS 5/12-6.4 • A person commits the offense when he or she threatens the use of physical force to coerce, solicit, recruit, or induce another person to join or remain a gang member (or conspires to do so, no matter method of communication). Class 1 Felony

  13. New Laws 2010 • Criminal Code-Sex Offenses Article 11 • Sex Relations within Families 720 ILCS 5/11-11 • Amended statute to include certain familial relationships that are also prohibited from sexual penetration, even if over the age of 18: Aunts, uncles, niece or nephews 18 and over, great-aunt or great-uncle, grand-niece or grand-nephew 18 and over, grandparent or step-grandparent, grandchild or step-grandchild 18 and over

  14. New Laws 2010 • Criminal Code-Robbery and Burglary 720 ILCS 5/18-1 and 19-1 • Robbery 720 ILCS 5/18-1 • Amended statute to increase the penalty to a Class 1 felony if the robbery is committed in a day care center, day care home, or part day child care facility regardless of time of day, time of year, or whether or not children under 18 were present

  15. New Laws 2010 • Criminal Code-Robbery and Burglary 720 ILCS 5/18-1 and 19-1 • Burglary 720 ILCS 5/19-1 • Amended statute to increase the penalty to a Class 1 felony if the burglary is committed in a day care center, day care home, or part day child care facility regardless of time of day, time of year, or whether or not children under 18 were present • This provision doesn’t apply to a day care facility operated in a private residence used as a dwelling

  16. New Laws 2010 • Criminal Code-UUW • 720 ILCS 5/24-1, 24-1.6 & 24-2 amended to add “invitee” language • It is legal (ie, not a violation of UUW) for one to have a firearm, stun gun or taser on the land or in the dwelling of another as an invitee with that person’s permission

  17. New Laws 2010 • Criminal Code-UUW • Use of Stolen Firearm 720 ILCS 5/24-3.7 • Class 2 felony to use a stolen firearm in the commission of any offense • Person has to know that the firearm was stolen

  18. New Laws 2010 • Criminal Code-Interference with Public Officials • Disarming a Peace Officer 720 ILCS 5/31-1a • Attempting to take a weapon is a Class 2 felony • Taking a weapon is a Class 1 felony

  19. New Laws 2010 • Criminal Code-Interference with Public Officials • Obstructing Identification 720 ILCS 5/31-4.5 • A person commits the offense of obstructing identification when he or she intentionally or knowingly furnishes a false or fictitious name, residence address, or date of birth to a peace officer who has: • Lawfully arrested the person; or • Lawfully detained the person; or • Requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense. CLASS A MISDEMEANOR-You don’t have to prove why the person lied!!!!!

  20. New Laws 2010 • Criminal Code-Interference with Public Officials • Obstructing Identification 720 ILCS 5/31-4.5 It does NOT make it a crime for failure to give information to law enforcement!!!

  21. New Laws 2010 • Juvenile Court Act-Redefines “delinquent minor” 705 ILCS 405/5-105(3) • "Delinquent minor" means any minor who prior to his or her 17th birthday has violated or attempted to violate, regardless of where the act occurred, any federal or State law, county or municipal ordinance, and any minor who prior to his or her 18th birthday has violated or attempted to violate, regardless of where the act occurred, any federal, State, county or municipal law or ordinance classified as a misdemeanor offense.

  22. New Laws 2010 • Juvenile Court Act-Redefines “Exclusive Jurisdiction” 705 ILCS 405/5-120 • Proceedings may be instituted under the provisions of this Article concerning any minor who prior to the minor's 17th birthday has violated or attempted to violate, regardless of where the act occurred, any federal or State law or municipal or county ordinance, and any minor who prior to his or her 18th birthday has violated or attempted to violate, regardless of where the act occurred, any federal, State, county or municipal law or ordinanceclassified as a misdemeanor offense.

  23. New Laws 2010 • Other changes to IL Statutes: • Child Pornography and Aggravated Child Pornography: Added as one of the crimes that has no statute of limitation (see 720 ILCS 5/3-5) • Eavesdropping 720 ILCS 5/14-3: There are new exemptions that have been added (child sex offenses, barricade situations, police video, ect.)

  24. New Case Law • US SUPREME COURT • Florida v. Powell, No. 08-1175 • Defendant argued that the reading of Miranda warnings was insufficient because it didn’t convey his right to the presence of an attorney during questioning • The officer warned the custodial suspect that he had “the right to talk to a lawyer before answering any of our questions…you have the right to use any of these rights at any time you want during the interview” • US Supreme Court upheld officers explanation of Miranda warnings

  25. New Case Law • US SUPREME COURT • Florida v. Powell, No. 08-1175 • “In combination, the two warnings reasonably conveyed Powell’s right to have an attny present, not only at the outset of interrogation, but at all times….Although the warnings were not the clearest possible formulation of Miranda’s right to counsel advisement, they were sufficient and comprehensible when given a commonsense reading” • Includes in the opinion a statement that the standard warnings used by the FBI are exemplary: • You have the right to talk to a lawyer for advice before we ask you any questions. You have the right to have a lawyer with you during questioning.

  26. New Case Law • US SUPREME COURT • Maryland v. Shatzer, No. 08-680 • Defendant was serving a sentence for a child sex abuse conviction in August 2003. While serving that sentence, an investigator read him his Miranda rights and explained that he wanted to talk to him about another child sex crime involving his son (unrelated to the one he was serving a sentence). Defendant declined to speak with the investigator and the defendant was released back into general population. The investigation was closed shortly thereafter.

  27. New Case Law • US SUPREME COURT • Maryland v. Shatzer, No. 08-680 • Two years and six months later (3/2/06), the case was reopened and another investigator went to talk to defendant, who was still incarcerated. The investigator read defendant his Miranda warnings and the defendant admitted to some sex acts in front of his son. The defendant agreed to take a polygraph test at a later date; at no time during the interview did the defendant request to speak with an attorney or refer to his prior refusal to answer questions without one.

  28. New Case Law • US SUPREME COURT • Maryland v. Shatzer, No. 08-680 • On March 7, 2006, after reading the defendant his Miranda rights, the defendant failed the polygraph test. The investigators began to question defendant, at which point he became upset and incriminated himself by saying “I didn’t force him. I didn’t force him.” At that point defendant requested an attny and the interview ceased. • Defendant argued that March 2006 statements should be suppressed under the Edwards rule

  29. New Case Law • US SUPREME COURT • Maryland v. Shatzer, No. 08-680 • The US Supreme Court reviewed the following issues: • 1) whether or not the defendant’s return to general population qualified as a break in custody and 2) what was the required durational period after a break in custody. • The US Supreme Court held that returning to general population was a break in custody • And, they ruled that 2 weeks was a sufficient period of time for a break in custody • THEREFORE, defendant’s statements should not be suppressed!!!

  30. New Case Law • IL SUPREME COURT • People v. McKown, Docket No. 102372 • As of 3/18/2010, the opinion has not been released for publication • Opinion appears to hold that HGN has met the Frye standard and would allow a trier of fact to consider HGN as a factor, similar to considering the odor of alcohol • BUT, in order to be admissible, a proper foundation based on NHTSA protocol has to be established both as to 1) training and 2) proper administration of the test

  31. QUESTIONS??

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