FRE 803 Excited Utterance Exception – Boilerplate Rules
On November 2, 2009, Mario Zuniga was at a bar playing pool with friends when Beatrice Suarez, an ex-girlfriend, entered the bar and slapped him across his face. Zuniga immediately took Suarez out the back door of the bar to an area...
Handy Chart Determines If Driver of Rental Car Has Standing to Contest Search
On August 29, 2012, Walton was a passenger in a rented Chevrolet Suburban driven by his companion, Darrallyn Smoot, when the pair was pulled over on an interstate highway for a traffic stop by a state trooper in...
DOJ Refusal to Provide Discovery in Fake Stash House Robbery Leads to Dismissal
This appeal arises from one of multiple criminal cases pending in the Northern District of Illinois in which the defendants are charged with conspiring to rob a non-existent “stash house” which, they were led to...
New FRE 404(b) Test Leads to Reversal
On a foggy night in Chicago, police officers patrolling the west side of the city spotted Marvin Chapman walking down a sidewalk carrying a bag with what looked like the barrel of a rifle protruding from it. As the officers approached, Chapman...
7th Circuit Announces New Standard for Admitting FRE 404(b) Other Acts Evidence
On August 18, 2014, the 7th Circuit in a 43 page opinion annonced a new standard for admitting FRE 404(b) other acts evidence. The new standard was announced in an en banc opinion in US v. Gomez, 12-1104 (7th Cir. 2014) .
Chicago Federal Criminal Defense Attorney Michael J. Petro represented Gomez at his Motion to...
FRE 404(b): New Test to Admit
Editors Note: Chicago Federal Criminal Defense Attorney Michael J. Petro Represented Gomez at his Motion to Suppress Evidence, at trial, on direct appeal and in this en banc appeal.
Before WOOD, Chief Judge, and BAUER, POSNER, FLAUM, EASTERBROOK, KANNE, ROVNER, WILLIAMS, SYKES, TINDER, and...
5th Amendment: Silence and Not Answering Police Questions Is Now Evidence
Without being placed in custody or receiving Miranda warnings, Salinas voluntarily answered the questions of a police officer who was investigating a murder. But petitioner balked when the officer asked whether a ballistics test would show that the shell casings found at the...
Search Warrant Affidavit MUST provide Information on Affiant’s Credibility
Glover appeals the denial of his motion to suppress the guns, drugs, and paraphernalia seized from his home pursuant to a search warrant. He argues the warrant was not supported by probable cause. He argues further that the good faith exception to...
Police Can Not Search Cell Phone Without a Warrant
Background: In No. 13–132, petitioner Riley was stopped for a traffic violation, which eventually led to his arrest on weapons charges. An officer searching Riley incident to the arrest seized a cell phone from Riley’s pants pocket. The officer accessed information on the...
Entrapment: Exploitation of Friendship Can Constitute Inducement
Background: Jacob Elliott was arrested in 2009 and, when offered hope of leniency, became an FBI informant. He targeted Mark McGill, who, after weeks of pestering, allowed Elliot to bring a USB flash drive to his apartment to...