Category: General
Wed Nov 29, 2023 ‐ General
“Is Anybody Home?:” Forming a Reasonable Basis for Warrantless Entry in the Face of an Emergency or Exigent Circumstances
United States v. Maxwell, No. 22-2135 (7th Cir. November 13, 2023) In a recent opinion, the Seventh Circuit (the “Court”) determined that exigent circumstances justified police officers’ warrantless entry into Tyrone Maxwell’s apartment and that the evidence discovered as a […]Mon Nov 13, 2023 ‐ General
Hindsight is 20/20, But Not When Forming a Reasonable Suspicion for an Investigatory Stop
Whether a stop arises during a regular patrol or from an alert over radio dispatch, it must be supported by “specific and articulable facts” that, along with rational inferences, “reasonably warrant that intrusion.” Terry v. Ohio, 392 U.S. 1, 19-20 […]Wed Nov 1, 2023 ‐ General
Recent Seventh Circuit Opinion Reiterates Qualified Immunity As An Important Defense In Section 1983 Lawsuits
Qualified immunity has been a fixture of federal civil rights litigation, especially in the context of Section 1983 claims, since Pierson v. Ray was decided by the Supreme Court in 1967. The Court recognized the existence of “good faith and […]Fri Dec 30, 2022 ‐ General
Kankakee County Circuit Court Judge Rules the Safe-T Act Provisions Eliminating Cash Bail Violates The Illinois Constitution
On December 28, 2022, Judge Thomas Cunningham of Kankakee County ruled that the portions of Illinois’ Safety, Accountability, Fairness and Equity-Today Act (“Safe-T Act”) eliminating the pre-trial release and bail reforms set to begin on January 1, 2023 were unconstitutional. There […]