Subject Index Law Enforcement

On June 27, 2024, the First District of the Illinois Appellate Court held that when a defendant brings a claim under the Illinois Torture Inquiry and Relief Commission Act, the defendant must prove by a preponderance of the evidence that torture occurred, and it resulted in a confession to obtain a conviction.

On Sept. 15, 2023, the First District of the Illinois Appellate Court held that a defendant’s mere presence near the scene of a crime does not create the necessary “reasonable suspicion” to conduct a Terry stop.

The Illinois General Assembly amended the Illinois State Police Law of the Civil Administrative Code. The Illinois State Police now has the right, power, and duty to implement protective services for state facilities, officials, and employees serving in their official capacities.

The Illinois State Police (ISP) adopted a new Part titled Seizure and Forfeiture Reporting Act Procedures, which requires Illinois law enforcement to file annual reports documenting seized property, forfeiture proceeds, disbursements, and expenditures.

The Illinois State Police (ISP) adopted amendments to the Part titled Uniform Crime Reporting, formerly titled Use of Force Reporting. Illinois law enforcement agencies must now report to the ISP all dispatches directing them to respond to an individual suffering from a mental health crisis or incident.

On March 31, 2023, the First District of the Illinois Appellate Court held that a trial court erred for failing to suppress inculpatory statements made after a defendant invoked his right to remain silent.

On July 29, 2022, the Fourth District of the Illinois Appellate Court held that a brief refusal to put one’s foot in a squad car did not materially impede an officer’s job performance to support a conviction of resisting or obstructing a peace officer.

The Illinois State Police adopted amendments to the Parts titled Firearm Owners’ Identification Card Act and the Firearm Concealed Carry Act. These amendments clarify the Firearm Owner’s Identification Card (FOID) and the Firearm Concealed Carry License (FCCL) process.

The Illinois State Police amended Certification and Training of Electronic Criminal Surveillance Officers. The amendment reflects advancements in technologies that have made the certification process for existing levels of Electronic Criminal Surveillance Officers (ECSOs), involving physical installation of devices, unnecessary.

The Empowering Public Participation Act prohibits a form of intimidation sometimes used by law enforcement to deter participation in public hearings.

On Nov. 19, 2020, the Illinois Supreme Court held that a city may not evaluate a police officer’s job performance based on the number of citations the officer has issued.

The State Police Merit Board adopted an amendment to the Procedures of the Department of State Police Merit Board, implementing Public Act 101-374 and replacing an emergency rule that was effective Dec. 2, 2019.

The State Police Act was amended by requiring the department to provide an appropriate level of training for its officers concerning the Health Care Prevention Act.

The Department of State Police ("DSP") adopted amendments to Imaging Products (20 Ill. Adm. Code 1298 (effective Oct. 10, 2018)), updating its policies regarding the copying and the use of digital information collected by DSP during investigations.

Terry stops based on the suspicion of a drug deal can be valid under the Fourth Amendment even if an officer does not witness the exchange of specific items in a hand-to-hand transaction.

This act amends the Cook County Sheriff's Merit Board's operating procedures. The Merit Board shall consist of seven members appointed by the sheriff with the advice and consent of three-fifths of the county board.

The Counties Code is amended to abolish and replace the term of office of each member of the Cook County Sheriff's Merit Board.

The court reversed defendant's conviction and remanded for a new trial where the trial court improperly conducted an in camera hearing on the defendant's motion to reveal the surveillance location at which the police officer allegedly observed the defendant commit the offense.

Peace officers no longer are required to swear to complaints issued for misdemeanors, under recent amendments to the Code of Criminal Procedure of 1963. (725 ILCS 5/111-3).

House Bill 3911 required Illinois law enforcement officers to record information about the race of motorists who received traffic or warning citations.

On March 3, 1999, the Attorney General published an opinion on two issues: (1) whether the use of the terms "employment'' and "employed'' in the definitions of the phrases.