FTO Update
March 19, 2010
Law Blocks of Instruction
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Criminal Offenses 1, 2, and 3
Laws of Arrest
Use of Force/Civil Rights & Liabilities
Rights of Accused/Laws of Admissions
Investigative Stops
Search Warrants (and the Exceptions)
Rules of Evidence/Case Prep
Traffic Bench Trials
LE Driving (Legal Issues)
Juvenile Law
Law Review
Courtroom Demo (DUI)
Other Law Blocks of Instruction
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Child and Elder Abuse
Consent Search
Domestic Violence
Drugs
DUI
IVC
Law Blocks of Instruction
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Criminal Offenses 1, 2, and 3
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Criminal Offenses 1 of 3: basic
information about definitions, statute of
limitations, mental states, defenses
Criminal Offenses 2 of 3: the elements
of the crime for crimes against persons
Criminal Offenses 3 of 3: the elements
of the crime for crimes against property
Law Blocks of Instruction
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Laws of Arrest, Search and Seizure
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Laws of Arrest
Investigative Stops (both traditional
Terry stops and vehicle stops)
Search Warrants (and the exceptions to
the SW requirement)
Law Blocks of Instruction
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Courtroom Preparation and Practicals
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Rules of Evidence/Case Prep: classroom
instruction on the rules of evidence and
the trial process
Traffic Bench Trial: practical in which
the recruits testify about a traffic
citation they wrote in IVC 2 of 2
Courtroom Demo: practical in which the
recruits testify about their DUI report
PTI Resources
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Website: www.pti.uiuc.edu
 Resources/News
 PTI Case Law Summary
 Summaries of various law
enforcement issues
 Legal Resources
 Illinois Secretary of State website
www.cyberdriveillinois.com
 Illinois General Assembly
www.ilga.gov
New Laws 2010
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IVC
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No Texting: Electronic Communication
625 ILCS 5/12-610.2
No Phone in School/Work Zones
625 ILCS 5/12-610.1
Secret Compartment 625 ILCS 5/12-612
New Laws 2010
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Criminal Code-Bodily Harm
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Aggravated Domestic Battery
“Strangulation” 720 ILCS 5/12-3.3
(a-5) A person who, in committing a
domestic battery, strangles another
individual commits aggravated domestic
battery.
 For purposes of this subsection (a-5),
“strangle” means intentionally impeding the
normal breathing or circulation of the blood
of an individual by applying pressure on the
throat or neck of that individual or by
blocking the nose or mouth of that
individual.
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New Laws 2010
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Criminal Code-Bodily Harm
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Aggravated Battery “Strangulation”
720 ILCS 5/12-4
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(d-6) A person commits aggravated battery
when he or she, in committing a battery,
strangles another individual.
 For purposes of this subsection (d-6),
“strangle” means intentionally impeding the
normal breathing or circulation of the blood
of an individual by applying pressure on the
throat or neck of that individual or by
blocking the nose or mouth of that
individual.
New Laws 2010
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Criminal Code-Bodily Harm
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Stalking, Aggravated Stalking, Cyberstalking
720 ILCS 5/12-7.3, 7.4 & 7.5
Changed the statute to read “course of conduct
directed at a specific person”
 Defined “course of conduct” as two or more acts,
including but not limited to acts in which a
defendant directly, indirectly, or through third
parties, by any action, method, device, or means
follows, monitors, observes, surveils, threatens, or
communicates to or about, a person, engages in
other non-consensual contact, or interferes with
or damages a person’s property or pet. A course
of conduct may include contact via electronic
communications.
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New Laws 2010
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Criminal Code-Bodily Harm
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Gang Recruitment of Minor
720 ILCS 5/12-6.4
 A person commits the offense when he or
she threatens the use of physical force to
coerce, solicit, recruit, or induce another
person to join or remain a gang member
(or conspires to do so, no matter method
of communication).
Class 1 Felony
New Laws 2010
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Criminal Code-Sex Offenses Article 11
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Sex Relations within Families
720 ILCS 5/11-11
 Amended statute to include certain
familial relationships that are also
prohibited from sexual penetration, even
if over the age of 18:
Aunts, uncles, niece or nephews 18 and
over, great-aunt or great-uncle, grandniece or grand-nephew 18 and over,
grandparent or step-grandparent,
grandchild or step-grandchild 18 and
over
New Laws 2010
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Criminal Code-Robbery and Burglary
720 ILCS 5/18-1 and 19-1
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Robbery 720 ILCS 5/18-1
 Amended statute to increase the penalty
to a Class 1 felony if the robbery is
committed in a day care center, day care
home, or part day child care facility
regardless of time of day, time of year, or
whether or not children under 18 were
present
New Laws 2010
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Criminal Code-Robbery and Burglary
720 ILCS 5/18-1 and 19-1
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Burglary 720 ILCS 5/19-1
 Amended statute to increase the penalty
to a Class 1 felony if the burglary is
committed in a day care center, day care
home, or part day child care facility
regardless of time of day, time of year, or
whether or not children under 18 were
present
 This provision doesn’t apply to a day care
facility operated in a private residence
used as a dwelling
New Laws 2010
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Criminal Code-UUW
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720 ILCS 5/24-1, 24-1.6 & 24-2 amended
to add “invitee” language
It is legal (ie, not a violation of UUW) for
one to have a firearm, stun gun or taser on
the land or in the dwelling of another as an
invitee with that person’s permission
New Laws 2010
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Criminal Code-UUW
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Use of Stolen Firearm 720 ILCS 5/24-3.7
 Class 2 felony to use a stolen firearm in
the commission of any offense
 Person has to know that the firearm was
stolen
New Laws 2010
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Criminal Code-Interference with Public
Officials
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Disarming a Peace Officer 720 ILCS 5/31-1a
 Attempting to take a weapon is a Class 2
felony
 Taking a weapon is a Class 1 felony
New Laws 2010
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Criminal Code-Interference with Public Officials
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Obstructing Identification 720 ILCS 5/31-4.5
A person commits the offense of obstructing
identification when he or she intentionally or
knowingly furnishes a false or fictitious name,
residence address, or date of birth to a peace officer
who has:
 Lawfully arrested the person; or
 Lawfully detained the person; or
 Requested the information from a person that the
peace officer has good cause to believe is a
witness to a criminal offense.
CLASS A MISDEMEANOR-You don’t have
to prove why the person lied!!!!!
New Laws 2010
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Criminal Code-Interference with Public
Officials
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Obstructing Identification 720 ILCS 5/31-4.5
It does NOT make it a crime for failure to
give information to law enforcement!!!
New Laws 2010
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Juvenile Court Act-Redefines “delinquent
minor” 705 ILCS 405/5-105(3)
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"Delinquent minor" means any minor who prior to
his or her 17th birthday has violated or attempted
to violate, regardless of where the act occurred, any
federal or State law, county or municipal ordinance,
and any minor who prior to his or her 18th
birthday has violated or attempted to violate,
regardless of where the act occurred, any
federal, State, county or municipal law or
ordinance classified as a misdemeanor
offense.
New Laws 2010
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Juvenile Court Act-Redefines “Exclusive
Jurisdiction” 705 ILCS 405/5-120
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Proceedings may be instituted under the provisions
of this Article concerning any minor who prior to the
minor's 17th birthday has violated or attempted to
violate, regardless of where the act occurred, any
federal or State law or municipal or county
ordinance, and any minor who prior to his or
her 18th birthday has violated or attempted
to violate, regardless of where the act
occurred, any federal, State, county or
municipal law or ordinance classified as a
misdemeanor offense.
New Laws 2010
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Other changes to IL Statutes:
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Child Pornography and Aggravated Child
Pornography: Added as one of the crimes that has
no statute of limitation (see 720 ILCS 5/3-5)
Eavesdropping 720 ILCS 5/14-3: There are new
exemptions that have been added (child sex
offenses, barricade situations, police video, ect.)
New Case Law
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US SUPREME COURT
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Florida v. Powell, No. 08-1175
Defendant argued that the reading of Miranda
warnings was insufficient because it didn’t convey
his right to the presence of an attorney during
questioning
 The officer warned the custodial suspect that he
had “the right to talk to a lawyer before answering
any of our questions…you have the right to use
any of these rights at any time you want during
the interview”
 US Supreme Court upheld officers explanation of
Miranda warnings
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New Case Law
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US SUPREME COURT
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Florida v. Powell, No. 08-1175
“In combination, the two warnings reasonably
conveyed Powell’s right to have an attny present,
not only at the outset of interrogation, but at all
times….Although the warnings were not the
clearest possible formulation of Miranda’s right to
counsel advisement, they were sufficient and
comprehensible when given a commonsense
reading”
 Includes in the opinion a statement that the
standard warnings used by the FBI are exemplary:
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You have the right to talk to a lawyer for advice before
we ask you any questions. You have the right to have a
lawyer with you during questioning.
New Case Law
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US SUPREME COURT
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Maryland v. Shatzer, No. 08-680
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Defendant was serving a sentence for a child sex
abuse conviction in August 2003. While serving
that sentence, an investigator read him his
Miranda rights and explained that he wanted to
talk to him about another child sex crime involving
his son (unrelated to the one he was serving a
sentence). Defendant declined to speak with the
investigator and the defendant was released back
into general population. The investigation was
closed shortly thereafter.
New Case Law
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US SUPREME COURT
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Maryland v. Shatzer, No. 08-680
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Two years and six months later (3/2/06), the case
was reopened and another investigator went to
talk to defendant, who was still incarcerated. The
investigator read defendant his Miranda warnings
and the defendant admitted to some sex acts in
front of his son. The defendant agreed to take a
polygraph test at a later date; at no time during
the interview did the defendant request to speak
with an attorney or refer to his prior refusal to
answer questions without one.
New Case Law
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US SUPREME COURT
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Maryland v. Shatzer, No. 08-680
On March 7, 2006, after reading the defendant his
Miranda rights, the defendant failed the polygraph
test. The investigators began to question
defendant, at which point he became upset and
incriminated himself by saying “I didn’t force him.
I didn’t force him.” At that point defendant
requested an attny and the interview ceased.
 Defendant argued that March 2006 statements
should be suppressed under the Edwards rule
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New Case Law
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US SUPREME COURT
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Maryland v. Shatzer, No. 08-680
 The
US Supreme Court reviewed the
following issues:
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1) whether or not the defendant’s return to general
population qualified as a break in custody and 2) what
was the required durational period after a break in
custody.
The US Supreme Court held that returning to
general population was a break in custody
 And, they ruled that 2 weeks was a sufficient
period of time for a break in custody
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 THEREFORE,
defendant’s statements
should not be suppressed!!!
New Case Law
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IL SUPREME COURT
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People v. McKown, Docket No. 102372
As of 3/18/2010, the opinion has not been
released for publication
 Opinion appears to hold that HGN has met the
Frye standard and would allow a trier of fact to
consider HGN as a factor, similar to considering
the odor of alcohol
 BUT, in order to be admissible, a proper
foundation based on NHTSA protocol has to be
established both as to 1) training and 2) proper
administration of the test
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QUESTIONS??