Legal Question in Criminal Law in Illinois
drug laws
when weighing liquid methamphetamine(sludge and coleman fuel) can the weight of the coleman fuel also be used since it is not consumable? can a search warrant be obtained from a statement written and signed by no one other than the police officer? isn't that hearsay? can a person be convicted on statements written and signed only by a police officer? in other words the statements supposedly given to police were neither written or signed by the people who supposedly gave them.
2 Answers from Attorneys
Re: drug laws
1. all of the liquid is measured regardless of the components. 2. search warrants are granted based on officers' testimony and other hearsay. 3. a defendant can only be convicted after a trial and statements made to the police by persons other than the defendant cannot be used on court. The statements must come directly from the person making the statement unless that person is the defendant, then the statement may come in at trial. other issues, call or email. thanks.
Re: drug laws
Hello and seasons greetings. You have raised
some excellent questions with regard to what is
and is not admissible in court and under what
circumstances a warrant can be issued. A judge
in Illinois has the power to rule on issues
of evidence, however a defense attorney should
begin a defense of his client by preparing and filing a motion to quash the defendant's arrest and a motion to suppress statements that may have been made to the police by the defendant, before, at the time of, and after the defendant's arrest. This is essential, because under the law a person is innocent until proven guilty and the police may not have had probable cause to arrest the
person. Furthermore, with the filing of a motion
to suppress, the defense attorney may be able to
prove to the court that the statements made by the
defendant to the police were coerced, or that the
defendant was not properly advised that he had
a right to remain silent. For example, in many
of the Chicago suburbs, the police departments
routinely call people whom they believe may be
involved in a crime but where there is not
enough evidence to make an arrest and where the
person is in another suburb. Since the person is
intimidated when they receive the phone call from
the police, they may go to the police station
where they may make statements to the police out
of fear. This is why the defense attorney needs
to be diligent in filing these motions at the very
beginning of the case. The burden is upon the State's Attorney, or the Office of the U.S. Attorney in a federal criminal case, to prove
guilt. As to a search warrant, motions to quash
and suppress can be effectively tailored to deal with search warrant issues as well. I will be happy to answer any additional questions that you might have.
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