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Mistake of Law Doctrine
Episode 579 (Duration 16:25) What is happening in Illinois with the mistake of law doctrine?
Here is a round up of recent mistake of law cases.
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In Re Maurice J.
In re Maurice J., 2018 IL App (1st) 172123 (June). Episode 506 (Duration 8:18)
Officer not knowing the traffic law he says he was enforcing is not the same as being reasonably confused about the law.
Gun Case
The minor respondent was charged in juvenile court and adjudicated for UUW under 21. The minor was sent to JIDOC
Facts
Police see a car “go around a speed bump.”
Specifically, the driver went toward the curb so that one set of tires was on the speed bump and the other set was level. Although the driver steered around the bump, he did not swerve.
The Stop & The Gun
After the traffic violation, the officer activated the emergency equipment in order to curb the vehicle.
From 12 to 15 feet away, he “observed the front passenger pass a handgun to the rear passenger.”
The officer could see the gun because the police car was an elevated SUV and illuminated the inside of the car.
Everyone Removed
The driver and respondent, who was in the front passenger seat, were immediately removed form the car and handcuffed. The officer testified that he knew to look for the firearm “[i]n the direction [that] the offender gave it to the co-offender.”
Moreover, the officers searched the occupants and found a firearm in a purse.
Wells was released with a traffic citation for driving around the speed bump.
Issue
On appeal, respondent first asserts that the trial court erred in denying his motion to suppress evidence because it was not reasonable for an officer to believe that the driver committed a traffic violation...
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By Police NuggetsEpisode 579 (Duration 16:25) What is happening in Illinois with the mistake of law doctrine?
Here is a round up of recent mistake of law cases.
Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download
APPLE PODCASTS GOOGLE PODCASTS
SPOTIFY ANDROID RSS
DIRECT DOWNLOAD
In Re Maurice J.
In re Maurice J., 2018 IL App (1st) 172123 (June). Episode 506 (Duration 8:18)
Officer not knowing the traffic law he says he was enforcing is not the same as being reasonably confused about the law.
Gun Case
The minor respondent was charged in juvenile court and adjudicated for UUW under 21. The minor was sent to JIDOC
Facts
Police see a car “go around a speed bump.”
Specifically, the driver went toward the curb so that one set of tires was on the speed bump and the other set was level. Although the driver steered around the bump, he did not swerve.
The Stop & The Gun
After the traffic violation, the officer activated the emergency equipment in order to curb the vehicle.
From 12 to 15 feet away, he “observed the front passenger pass a handgun to the rear passenger.”
The officer could see the gun because the police car was an elevated SUV and illuminated the inside of the car.
Everyone Removed
The driver and respondent, who was in the front passenger seat, were immediately removed form the car and handcuffed. The officer testified that he knew to look for the firearm “[i]n the direction [that] the offender gave it to the co-offender.”
Moreover, the officers searched the occupants and found a firearm in a purse.
Wells was released with a traffic citation for driving around the speed bump.
Issue
On appeal, respondent first asserts that the trial court erred in denying his motion to suppress evidence because it was not reasonable for an officer to believe that the driver committed a traffic violation...