Subject Index Law Enforcement

Defendants must prove by a preponderance of the evidence that torture occurred resulting in a confession

October
2024
Illinois Law Update
, Page 16
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.

Defendant’s presence near a crime scene is not sufficient to justify a Terry stop

December
2023
Illinois Law Update
, Page 16
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.

Illinois State Police to implement protective services for state facilities, officials, and employees

September
2023
Illinois Law Update
, Page 16
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.

Illinois law enforcement agencies must now file annual reports for seized property and forfeiture proceeds

August
2023
Illinois Law Update
, Page 14
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.

Illinois law enforcement agencies now required to report all responses to mental health crises or incidents

August
2023
Illinois Law Update
, Page 14
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.

Convictions reversed where trial court did not suppress inculpatory statements made after invoking right to remain silent

July
2023
Illinois Law Update
, Page 16
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.

Brief refusal to enter squad car insufficient for charges of resisting or obstructing a police officer

October
2022
Illinois Law Update
, Page 16
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.

Illinois State Police provide clarifying updates on FOID cards and FCCLs

April
2022
Illinois Law Update
, Page 14
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.

Electronic surveillance officer training upgraded to reflect new technology

January
2022
Illinois Law Update
, Page 16
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.

Law enforcement cannot run background checks on public meeting attendees

November
2021
Illinois Law Update
, Page 16
The Empowering Public Participation Act prohibits a form of intimidation sometimes used by law enforcement to deter participation in public hearings.

City may not evaluate police officers’ job performance based on the issuance of citations

February
2021
Illinois Law Update
, Page 14
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.

Education requirements to become a police officer raised

May
2020
Illinois Law Update
, Page 16
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.

Illinois State Police officers must be trained on the Health Care Violence Prevention Act

June
2019
Illinois Law Update
, Page 14
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.

Police images provided in digital format and new procedures for obtaining graphic images

January
2019
Illinois Law Update
, Page 16
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 stop valid after police observed “very quick exchange” of “small items”

November
2018
Illinois Law Update
, Page 18
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.

The Trial

By Pete Sherman
November
2018
LawPulse
, Page 12
Two ISBA members reflect on the Jason Van Dyke trial, its aftermath, and meaning.

Service standards for office members of the Cook County Sheriff’s Merit Board amended

August
2018
Illinois Law Update
, Page 16
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.

Terms of office for current Cook County Sheriff’s Merit Board are abolished and replaced

March
2018
Illinois Law Update
, Page 24
The Counties Code is amended to abolish and replace the term of office of each member of the Cook County Sheriff's Merit Board.

In camera hearing for the disclosure of secret surveillance locations must reveal the exact surveillance location, be limited in scope, and be conducted outside the presence of the State and defense

February
2018
Illinois Law Update
, Page 18
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 required to swear to complaints issued for misdemeanors. PA 096-1206

April
2011
Illinois Law Update
, Page 180
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).

A Freer Hand for Police at Illinois Traffic Stops

By Rob Shumaker
December
2009
Article
, Page 624
In response to the U.S. Supreme Court, the Illinois Supreme Court issued decisions that give police more freedom to search and question vehicle occupants at traffic stops.

Racial profiling study rejected; H.B. 3911

June
2000
Illinois Law Update
, Page 310
House Bill 3911 required Illinois law enforcement officers to record information about the race of motorists who received traffic or warning citations.

Part-Time Police Officers “Employed” by a Unit of Local Government

May
1999
Illinois Law Update
, Page 244
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.

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