Edwardsville Criminal Defense Law Blog

3 people arrested during alleged drug deal

On May 16, Illinois authorities arrested three people for allegedly participating in a drug deal. The incident took place in Aurora at approximately 5:15 p.m.

According to police, officers were dispatched to the intersection of Arbor Drive and Savanah Drive in response to a report of suspicious activity. Upon their arrival, they found an unoccupied Hyundai Accent with its windows down and doors unlocked. Purses and cellphones could be seen inside. Moments later, a Chevy Monte Carlo pulled up, and the officers attempted to pull it over, but the car continued driving until it reached a residence on the 2900 block of Savannah Drive. It then stopped, and the driver and a passenger reportedly jumped out and attempted to flee on foot. Two female passengers remained inside the vehicle.

Implied consent, preliminary screenings and Breathalyzers

In Illinois, if you are in physical control of a motor vehicle, the laws of implied consent legally bind you. This means that, when you obtained your license to drive in this state, you agreed to take a Breathalyzer, urine or blood test if a police officer arrests you on suspicion of drunk driving and asks you to take a chemical test to determine your blood alcohol content level.

While you do not expressly commit verbally to implied consent rules, your consent is implicit in exchange for driving privileges. It's critical that you understand the possible penalties you could incur if you refuse to take a chemical or Breathalyzer test in certain circumstances. It's also a good idea to make sure you understand the difference between a preliminary alcohol screening device and a Breathalyzer device used to determine BAC. 

Illinois man accused of drug dealing after search of home

The U.S. Postal Service and the McHenry County Sheriff's Narcotics Task Force cooperated in an investigation that resulted in drug charges for a 22-year-old man from Elgin. Information from an unidentified source alerted them to deliveries of suspicious packages to an address in Cary. This prompted agents to obtain a search warrant and begin to monitor the Cary residence. A statement released by the Sheriff's office described how investigators followed a vehicle from the Cary location to a home on Logan Avenue in Elgin.

According to law enforcement, their search of the Elgin location revealed 14 pounds of marijuana, 21 pounds of cannabis edibles, 1 pound of cannabis wax and 11 grams of cocaine. Officers claimed to have found digital scales and packaging materials in addition to approximately $7,000 in cash. Investigators valued the seized drugs at $65,000.

3 charged for selling synthetic pot that causes bleeding

Three Illinois residents have been arrested in connection with the distribution of a strain of synthetic marijuana that can cause uncontrollable bleeding in some users. The substance has been linked to hundreds of cases of serious bleeding and three confirmed deaths.

According to the Pekin Police Department, one of the defendants, a 46-year-old male, has been charged with homicide and unlawful possession of a controlled substance with the intent to deliver. Two other defendants, a 26-year-old male and a 30-year-old female, have been charged with possession with the intent to deliver and aggravated battery.

Illinois couple facing drug charges after traffic stop

A 27-year-old Illinois man was taken into custody on felony drug charges on April 3 after his vehicle was pulled over for a routine traffic violation. The man's 35-year-old female companion was also taken into custody and has been charged with possessing drugs and drug paraphernalia. A Cook County judge ordered the man to be held without bond and set the woman's bond at $10,000.

Officers say that they pulled the man's vehicle over near the intersection of West 93rd Street and Pulaski Road in Evergreen Park after observing it disobeying a red light. As they approached the vehicle, officers claim that its two occupants made furtive gestures and appeared to be trying to conceal items in the center console and under the seats. Officers say that the man continued to act suspiciously and repeatedly put his hands in his pockets when he was asked to exit his vehicle.

Police charge 6 Illinois residents with gun and drug crimes

Six people who live in the suburbs of Chicago face gun and drug crimes in federal court following an investigation by the Federal Bureau of Investigation. The investigation reportedly began in 2017 and extended over a number of months.

According to reports, a 43-year-old Hillside man was charged with selling 100 grams of a heroin mixture over the course of 10 sales to an informant during the past year. He is facing a distribution charge with a potential penalty of up to 20 years in prison. In addition, four other men were charged with conspiracy in relation to the 43-year-old man's drug trafficking activities. The conspiracy charge can carry a sentence of 10 years to life.

Woman charged for driving with drugs in system, fatal crash

On Jan. 17, a fatal accident occurred around 10 p.m. in Illinois that killed a 30-year-old man. The accident happened near Godfrey. Allegedly, a 22-year-old woman made a U-turn on I-255 and began driving the wrong way.

Traveling south in the northbound lane, the woman hit a Jeep Wrangler and a Pontiac Bonneville. The driver of the Pontiac was not wearing his seat belt and died at the scene. The other driver was taken to the hospital. The woman had critical injuries and had to be airlifted to a hospital in St. Louis.

Talk show host charged with DUI

Illinois viewers of "The Steve Wilkos Show" might be surprised to learn the gregarious host has changed his tune regarding a recent automobile crash. Last month, Wilkos was forced to temporarily suspend production of his Connecticut-based talk show in the wake of a single-car accident in which he sustained injuries. After originally stating he neglected to wear his prescription eyeglasses and was reaching for them when he lost control, he now admits to drinking and driving on the day of the incident.

After striking three posts, a fence and a tree, Wilkos flipped his car in a residential area of Connecticut on Jan. 21. While being treated at the hospital, he provided a blood sample for police to conduct a laboratory analysis. The chemical screen revealed a blood alcohol content of .29, which is significantly higher than the legal limit. After being charged with DUI, Wilkos turned himself on Feb. 21 and posted a $1,500 bond.

Baseball star charged with drug possession

As former All-Star pitcher Esteban Loaiza recently discovered, success as a professional athlete offers little protection from prosecution. As a retired athlete with over $40 million in earnings over a long baseball career, his arrest for suspected involvement in drug trafficking came as a surprise to many who knew him. The pitcher pleaded not guilty, and his bail was set at $250,000 after prosecutors argued that he posed a high flight risk.

Loaiza was initially arrested after a traffic stop by San Diego County law enforcement officers, who claim to have discovered a hidden compartment while searching the vehicle. Investigators reportedly described the compartment as "sophisticated" and suggested it was used to hide illegal substances. Investigators also claim that the ex-pitcher's recent crossing of the Mexican-American border strengthens the case against him.

Is reasonable suspicion or probable cause needed for a DUI stop?

You may not realize it, but distinct differences exist between reasonable suspicion and probable cause. Even so, both are necessary in order to make an arrest for driving under the influence.

So, what is the difference between the two? Reasonable suspicion is all that police need in order to initiate a traffic stop, but the officer needs probable cause in order to make an arrest.

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