Arrest procedure for females in illinois

In the second incident around 3 a. When she told the officer she was out so late because she had been working and mentioned her rent money, he allegedly put his finger in the right pocket of her shorts and pulled it open and tugged on the rear pocket of her shorts to search for the money.

Searches incident to a lawful arrest

Fearing for her safety, she told him she lived on the second floor, even though she lived on a different floor. In the most recent incident on July 13, , a year-old woman — identified only as O. Deanes then asked for her phone number, according to court documents. She gave it to him but started backing away, and he asked her if she was scared.

She laughed and said she was going inside, and Deanes got back in his squad car. The woman immediately got a phone call from an unknown phone number. Deanes joined the force in August and is assigned to the Town Hall District, but he was relieved of his police powers on July 24, as a result of the investigation. According to the Citizens Police Data Project, a database of police misconduct reports, Deanes faced five allegations of misconduct between and ; including allegations of violating inventory procedures, excessive force, false arrest, neglect of duty, and failure to provide service.

The neglect of duty allegation was the only complaint that was sustained, and he was suspended for three days as a result. He also has been involved in eight use of force reports during his career and been awarded 32 honorable mentions and nine other commendations.

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Near Chenoa, Ill. The officers wound up stopping the Lincoln and arresting Jose Gaytan, a passenger, on charges stemming from marijuana found in a diaper bag. The basis for the stop was a ball-type trailer hitch. That hitch, the officers said, obscured their view of the rear license plate, in violation of the Illinois Vehicle Code.

But the statute they cited says nothing of trailer hitches, and state legislators made no mention of hitches when passing the law.

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Attached carriers for wheelchairs and scooters? Rental trailers? Bicycle racks? But in the end, the determination that police had misread the law did Gaytan no good. The case: People v.

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But in this case, there was no store, at least none with people. There was only a former auto-repair shop, now shuttered, surrounded by a weed-choked chain-link fence. In November , an appellate court in San Diego County ruled that police made a mistake of law, so the evidence gathered during the stop should be tossed. But one month later, the U. Supreme Court handed down Heien — prompting the appellate court to reconsider.


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The Indiana Court of Appeals went down the same road. Before Heien , it reversed a marijuana conviction because police misread the law on taillights when stopping the defendant; after Heien , the court reconsidered and reinstated the conviction. The eventual charges : Possession of methamphetamine; possession of a controlled substance without a tax stamp; possession of drug paraphernalia. The case : State of Kansas v. Robert Alan Wilson, decided Jan. At about 11 p. He kept his tail until he saw the Malibu enter an intersection on a yellow light. He pulled the car over.

What Rights do I have if I am Arrested in Illinois? - Learn About Law

So even if the officer was mistaken about the law, his mistake was reasonable. Since Heien , some courts have found mistakes of law by police to be so obvious as to be objectively unreasonable. That happened in Iowa, where police proved ignorant of the law on open alcohol containers. That happened in New Jersey, where police proved ignorant of the law on high beams. But now police and prosecutors everywhere have a new argument to make, no matter the nature of their screw-up. In many cases, courts were already excusing mistakes of fact.

The argument for pretext stops is that they allow police to protect communities by being proactive instead of reactive. His arrest traced to a traffic stop over a missing license tag.