Showing posts with label arrest. Show all posts
Showing posts with label arrest. Show all posts

Wednesday, May 25, 2022

GOING TO SUMMER CAMP MUSIC FESTIVAL IN CHILLICOTHE, ILLINOIS? READ THIS FIRST!







SUMMER CAMP MUSIC FESTIVAL IS SCHEDULED FOR MAY 27, 28, & 29 IN CHILLICOTHE, IL (JUST OUTSIDE PEORIA, IL).


2022 UPDATE:   IF YOU OR A LOVED ONE/FRIEND IS/ARE ARRESTED AT SUMMER CAMP AND IS/ARE TAKEN INTO CUSTODY, CALL ATTORNEY JEFF HALL IMMEDIATELY.  

Remember:  AS OF JANUARY 1, 2020, POSSESSION OF UP TO 30 GRAMS OF CANNABIS IS LEGAL IN ILLINOIS.  Possession of over 30 grams of cannabis is still a crime in Illinois.  Attendees at the festival should be mindful of a few important factors regarding AGGRESSIVE law enforcement at and around Three Sister's Park, where Summer Camp Music Festival is held. Crimes still aggressively enforced under the THE CANNABIS CONTROL ACT (550/4) ARE: 

CANNABIS RELATED OFFENSES:
  • NEW POPULAR CRIME FOR POLICE TO ENFORCE:  UNLAWFUL POSSESSION OF CANNABIS IN A MOTOR VEHICLE, CLASS A MISDEMEANOR:  625 ILCS 5/11-502.15

    • If police smell cannabis in your vehicle as you travel to or leave the festival, this will give them the legal right to SEARCH your entire vehicle, take all of your camping gear out, sort through it, and then arrest, detain, and jail you until a judge sets your bond.  This means you will likely miss the entire festival as well since you'll be locked up in the county jail where you are detained.
    • PRO-TIP #1:  Store your cannabis in the original, child-locked, resealable container AND PLACE IN YOUR TRUNK OR IN THE NON-PASSENGER AREAS, NOT ACCESSIBLE BY THE DRIVER.  
    • PRO TIP #2:  THERE IS NO SUCH THING AS AN ODORLESS CANNABIS CONTAINER UNLESS YOU DOUBLE-VACUUM SEAL THE CANNABIS.  
  • CANNABIS POSSESSION:  720 ILCS 550/4
    • Between 30 grams and 100 grams:  Class A misdemeanor, punishable up to 365 days in jail and a $2500 fine, plus up to 2 years on probation.
    • Between 100 and but not more than 500 grams of any substance containing cannabis, punishable up to 1-3 years in the Illinois Department of Corrections (prison). If this is your second time being charged with this offense, it's penalty is enhanced to a Class 3 Felony (720 ILCS 550/4(d)).
    • More than 500 grams but not more than 2000 grams of any substance containing cannabis is a Class 3 Felony (720 ILCS 550/4(e)).
    • More than 2000 grams but not more than 5000 grams of any substance containing cannabis is a Class 2 Felony (720 ILCS 55/4(f)).
OTHER POPULAR MUSIC FESTIVAL FAVORITES:  720 ILCS 570/402
  • Unlawful Possession of a Controlled Substance (cocaine, LSD, psilocybin, Ecstacy/Molly, Heroin, Adderall, methamphetamine, etc):  Possession of ANY amount if a Class 4 Felony, punishable up to 1-3 years in prison, up to $25,000 in fines and costs, and you risk drug asset forfeiture. 
  • Unlawful Possession of Cannabis with Intent to Deliver:  720 ILCS 550/5:  2.5 grams or less: Class B misdemeanor.  2.5 to 10 grams: Class A misdemeanor.  10-30 grams: Class 4 felony. 30-500 grams: Class 3 felony (2-5 years in prison). 500 grams to 2000 grams: Class 2 felony: (3-7 years in prison). 2000-5000 grams: Class 1 felony. More than 500 grams: Class X felony.
  • Unlawful Possession of a Controlled Substance with Intent to Deliver: Usually a higher class felony (Class 2, 1 or X) punishable from 3 years in prison to 30 years (and even as high as 60 years depending on the amount of controlled substance and if a firearm is found in possession of the alleged offender).
WARNING:  CANNABIS TRAFFICKING!  720 ILCS 550/5.1

  • CANNABIS TRAFFICKING is considered a "Super-X" Felony, meaning, if you come into the State of IL with 2500 grams or more with the intent to sell or distribute, the minimum sentence is 12 years and the maximum sentence is 60 years in prison! It's non-probationable. That means if you are caught, your fate is up to the prosecutors and whether or not they seek to charge you with the enhanced super-x felony.

IF YOU OR A LOVED ONE HAS BEEN ARRESTED:  CALL ATTORNEY JEFF HALL DIRECTLY AT (309) 699-4691!

COUNTIES TO LOOK OUT FOR WITH HEAVY POLICE PRESENCE

PEORIA
WOODFORD
TAZEWELL
HENRY
STARK
LASALLE
PUTNAM
MCLEAN
MARSHALL

ROADS TO BE CAREFUL TRAVELING ON:  Illinois Route 29, I-74, I-39, I-80, I-180, Route 89, Route 18, Route 71.


HALL, RUSTOM & FRITZ LLC WILL DISCOUNT LEGAL SERVICES BY 25% IF YOU WERE ARRESTED ON YOUR WAY, AT, OR LEAVING SUMMER CAMP MUSIC FESTIVAL.  EMAIL ATTORNEY JEFF HALL AT jhall@hallrustomfritz.com to inquire and/or set an appointment.**

During the weekend of last weekend of May, thousands of music lovers will transcend the beautiful lawns of Three Sisters Park in Chillicothe, Illinois and listen to their favorite bands.  

Having first been held in 2001 with around 1,000 in attendance, the festival has grown to over 15,000 attendees, hosting more than 100 bands on 6 stages over 4 days.  With any large crowds, you'll have many different types of people converge on the area.  While most are law abiding citizens, some choose to participate in illegal activities, such as drug usage, drug dealing, sexual abuse of minors, etc.  

In 2011, out of nearly 20,000 people, only 61 arrests were made - 31 resulted in felony charges.  To read more about 2011 arrests, click: Summer Camp Arrests 2011.  That is a significantly low number.  Nevertheless, it's still important to remember that Summer Camp has a police presence that you may not witness firsthand until it's too late.  

 In 2012 through 2019, there was an increased number of arrests.  2012 was an eventful year with arrests increasing exponentially.  To learn more about 2012 arrests, click:  2012 Summer Camp Arrest Numbers.  One of the 10 cases dismissed was a case that Hall, Rustom & Fritz LLC attorney Jeff Hall challenged and the judge dismissed four Class 3 Felony drug charges against a citizen visiting the Summer Camp Music Festival in 2011.  In 2017, there was a slight reduction in arrests since Cannabis was decriminalized on 7/31/16.

If you are planning on attending, whether you are from the area or a different State, there are certain things you must keep in mind if you choose to break the laws of Illinois.

First, I should state this article is not intended to teach you how to break the law and get away with it.  Its purpose is to inform you of the risk you are taking if you choose to attend the Summer Camp Music Festival and participate in illegal activities.

Police are increasing their presence each year at and around the festival.


If you are planning on driving to the festival, make sure your mode of transportation abides by all the laws in Illinois.  Route 29 is a state highway that is routinely patrolled by the Illinois State Police, Peoria County Sheriff's Department, Peoria Police Department, and Chillicothe Police Department. If you are driving a vehicle that draws attention, plan on being noticed by the police.  Moreover, be prepared to possibly stop through vehicle safety checkpoints.  Police strategically place checkpoints at locations that could lead to arrests.  If you are driving through one of these checkpoints, turning to avoid the checkpoint may draw attention to your vehicle.  It's best to remain law abiding and aware of your rights.


Remember the following: 

Update 8/16/2021:

IF YOU BRING MORE THAN 15 GRAMS OF COCAINE, MDMA, HEROIN, ETC. AND THERE IS EVIDENCE YOU INTEND TO DELIVER (POSSESS MORE THAN A PERSONAL AMOUNT, HAVE SCALES, SELL TO AN UNDERCOVER, ETC.) YOU WILL LIKELY GO TO PRISON EVEN IF YOU ARE A FIRST OFFENDER.
Peoria County prosecutors do not take kindly to festival-goers bringing illicit drugs into Peoria County.  Even if you are a first offender, have never been arrested, or have no significant arrest/criminal history, if you are caught with over 15 grams of a controlled substance with the intent to deliver, it is a CLASS X FELONY and probation is NOT permitted by law. That means, the best offer prosecutors are usually willing to offer is BOOTCAMP (impact incarceration) but you will be convicted of a felony and your freedom will be taken away.

POLICE ARE ACTIVELY PATROLLING THE FESTIVAL AND HAVE MANY UNDER COVER OFFICERS ASKING FOR DRUGS. If you walk around the festival yelling "doses," you are an idiot and will likely get caught. They will also try to entice you to sell to them saying, "come on man, I just need one for the day."  Don't be an idiot. Don't see drugs and especially do not sell to an undercover officer.  Many undercover agents take the ruse very seriously, not showering for a week, growing an excessive amount of facial/body hair, and smelling like Death needs a shower. Be wary of who you talk to and try really hard not to sell drugs.

SECURITY OFFICERS AT THE ENTRANCE WILL THOROUGHLY SEARCH YOU AND REPORT YOU TO POLICE IF THEY FIND ANYTHING ILLEGAL.  If they find something illegal, assert your right to an attorney as soon as possible and do not try to run from police. That will add another charge of "resisting arrest" to your rap sheet and it's a Class A misdemeanor with either 100 mandatory public service hours or 48 hours in jail and a permanent conviction on your record (court supervision is NOT eligible for resisting a police officer).

POLICE WILL PULL YOU OVER FOR ANY AMOUNT OF SPEED OVER THE LIMIT. Be aware of your speed at all times. If police pace your vehicle (drive at your speed to clock you) or clock your speed with a radar or LIDAR, that is typically very strong "reasonable suspicion" to justify a traffic stop. From there, if a drug dog is nearby, they will have it walk around your vehicle and the dog will likely signal to officers, allowing them to search your vehicle, even if it takes hours.


IF YOU SEE SIGNS FOR POLICE ENFORCEMENT ZONES AHEAD, IF YOU PULL OFF AT THE EXIT BEFORE, THERE WILL LIKELY BE POLICE AT THAT EXIT READY TO STOP YOU OR APPROACH YOU.  Law enforcement become more creative with ways to trick you to fall into their trap.  For example, they will set up "Safety Check Enforcement Zones" to make sure you are wearing your seatbelt and your car is properly equipped.  They'll put the signs up just before the exits for a REST AREA.  Not wanting to go through the safety zone, vehicles pull off to the rest area.  Here, the officers will have drug sniffing dogs that will walk directly up to your parked vehicle, signal to the officer the dog has sniffed narcotics, and they will search your vehicle EVEN WITHOUT YOUR APPROVAL.  Be smart.  DON'T TRAVEL WITH NARCOTICS.  Chances are, you will be caught.

Police may set a "ruse" checkpoint on the highway or interstate.  If you see signs that there is a safety checkpoint ahead, you should simply follow the traffic laws, drive through the checkpoint, and if they ask to search your vehicle, politely refuse and then calculate how long it takes for a canine to walk and signal to your vehicle. The timing is important. You should also try to record the entire incident on a cell phone camera or regular camera so we can have an accurate depiction of what happened to you.

Also, think twice before you decide to avoid a roadblock after driving a close proximity to it.   Recent case law in IL held that police can pull you over if they reasonably believe you are avoiding the roadblock. Courts perform a "totality of the circumstances" analysis in determining if the police stop was lawful.  Most judges find this type of traffic stop is perfectly okay so keep that in mind if you are trying to turn around, perform a U-turn, reverse away from the roadblock, etc. Police may have the right to pull you over without you violating any traffic law.  See the IL Supreme Court Case, People v. Timmsen by clicking the link:  http://www.illinoiscourts.gov/opinions/SupremeCourt/2016/118181.pdf 

MAKE SURE YOUR VEHICLE IS PROPERLY REGISTERED, THE DRIVER HAS VALID DRIVING PRIVILEGES, AND THE VEHICLE IS COVERED WITH A VALID INSURANCE POLICY.  Police officers can randomly check your driver's status.  If you are from out of town, they could access your information in their vehicle computer systems.  Even if you are obeying all other traffic laws, they can run your name in the computer and if they determine your vehicle is not properly registered, they can pull you over to investigate.  Prior to driving into Illinois, make sure you have all your relevant documentation in an easily accessible location, such as your glove box.  Place your valid registration and proof of car insurance together so you do not have to search for the documentation.  

MAKE SURE YOUR VEHICLE HAS PROPERLY WORKING EQUIPMENT, SUCH AS ALL HEADLIGHTS AND TAILLIGHTS WORKING PROPERLY.  In Illinois, the license plate must be securely fastened in a horizontal position so as to prevent the plate from swinging. Further, the plate must be fastened to your vehicle at a height not less than 12 inches from the ground, measuring from the bottom of the plate, in a place and position to be clearly visible and shall be maintained in a condition to be clearly legible, free from any materials that would obstruct the visibility of the plate, including, but not limited to glass covers and tinted plastic covers.  See 625 ILCS 5/3-413 of the Illinois Vehicle Code.  If your State does not require a front license plate, it would still be advisable to place a front and rear license plate since Illinois law requires both to be displayed.  Moreover, if your State allows for glass or plastic covers, it's advisable to remove them prior to entering Illinois.  It's likely not enough evidence to prove you guilty beyond a reasonable doubt; however, it's enough to get you pulled over and you want to get to the festival, not sit inside a jail cell all weekend and then venture back to Peoria County for numerous court dates.


MAKE SURE ALL YOUR PASSENGERS, INCLUDING THE DRIVER, ARE WEARING THEIR SEAT BELTS PROPERLY.  It is perfectly lawful for a police officer to pull a vehicle over if the officer reasonably believes any of the passengers are not wearing their seat belt properly.  This means the belt must be properly affixed with the shoulder harness across the chest and the waist belt properly buckled. REMEMBER:  BUCKLE UP ALL PASSENGERS!


DO NOT HAVE ANYTHING DANGLING FROM YOUR REAR-VIEW MIRROR.  In Illinois, an officer has lawful authority to pull your vehicle over if he/she suspects that whatever you have dangling from your rear-view mirror is obstructing your view.  While it may not be enough evidence for the State to prove their case beyond a reasonable doubt that a pine-tree air freshener obstructed your view, it is enough to justify the stop.  After they stop you, if they suspect other crimes are afoot, they can and will investigate. 

DO NOT HAVE ANY TRAILER BALL HITCHES THAT COULD OBSTRUCT A POLICE OFFICER'S VIEW OF YOUR REAR LICENSE PLATE GIVES POLICE AUTHORITY TO PULL YOU OVER TO "INVESTIGATE" AND COULD LEAD TO A SEARCH OF YOUR VEHICLE. 

LICENSE PLATE COVERS ARE NOT LEGAL IN ILLINOIS. If you have a clear cover over your plate, police will pull you over for it.  Remove anything from covering your license plates.  

ILLINOIS LAW REQUIRES VEHICLES TO HAVE FRONT LICENSE PLATES AS WELL AS REAR LICENSE PLATES.  If you have an out-of-state vehicle and your home-state does not require front license plates, police in IL can still pull you over to investigate "why" you do not have a front license plate.  Don't give them a reason to pull you over. 


OBEY ALL TRAFFIC CONTROL DEVICES.  Remember the following laws when driving into Illinois.  If you forget these laws, you are simply giving the police reasons to pull you over.

    • Do not enter an intersection or cross over the stop line if the light is red.  Police can pull you over if your vehicle is as much as 1 inch over the stop line while the light is red. 
    • Do not speed in excess of the posted speed limits, even if it's 1-2 mph over the limit.  This is discussed above. Speeding is a strict liability offense, meaning, if the police observe your vehicle traveling even 1 mph over the limit, that is enough to pull you over to investigate.
    • Signal at least 100 feet before turning at an intersection. This is an easily forgotten law.  It's better to signal early than too late.
    • Make a complete stop for at least 2 seconds at the stop line before a stop sign.  No rolling stops!  
    • Make sure to signal EVERY lane change.  
    • Make sure you are not following another vehicle too closely.
    • Remember Scott's Law:  If you see a police or emergency vehicle on either side of the roadway, you must, prior to passing, reduce your speed and, if able to be done safely, change lanes into the adjacent lane furthest away from the emergency vehicle.
    • If you are making a right turn, IL law requires you to turn into the right lane, closest to the right-side curb. You cannot turn right into the left lane of travel. That is an offense that gives law enforcement the right to pull you over.

Police Canine Units will be patrolling and they will walk around your vehicle to alert police to illegal drugs or contraband.

  • POLICE OFFICERS WILL ASK TO SEARCH YOUR VEHICLE.  If you are pulled over for a traffic offense, the police officer may have suspicions and will likely ask you if he/she can search your vehicle.  Please click HERE to learn more about your rights in Illinois if a police officer asks you if they can have permission to search your vehicle.  Police officers can search your vehicle under certain circumstances.  It is your job to know your rights and what response to give the police.  Under present Illinois law as of 2012, police officers can search your vehicle if they:

    • Have a valid search warrant
    • Notice something illegal in plain view in your vehicle -- this includes the police officer saying he/she smells raw or burnt cannabis from your vehicle.  Unlawful Possession of Cannabis in a Motor Vehicle is a Class A misdemeanor and they'll arrest you for this.
    • Have valid consent from the driver or someone with the authority to grant consent
    • Arrest and detain you for a crime.
    • The drug sniffing canine positively alerts to your vehicle 

HERE IS A VIDEO DEMONSTRATING SOME TACTICS USED BY OFFICERS TO FORCE A SEARCH OF YOUR VEHICLE.  NOTE:  In May, 2012, the driver in this video filed a federal lawsuit against the police officer involved here.  Learn more by clicking:  http://www.stltoday.com/news/local/crime-and-courts/collinsville-traffic-stop-video-results-in-federal-lawsuit/article_126347ca-992e-11e1-a621-0019bb30f31a.html
 
The conversation to search the vehicle occurs around the 7:30 minute mark.  The entire video is educational to watch but it is rather long (nearly 18 minutes).




 
  • IF YOU CONSENT TO THE SEARCH, IT IS INCREDIBLY DIFFICULT TO SUCCESSFULLY CHALLENGE THE SEARCH IN COURT.  For example, a typical interaction goes like this:  Officer:  "You don't have any bombs, weapons, or anything illegal in your vehicle, do you?"  You:  "No, nothing like that or illegal."  Officer:  "Then you wouldn't mind allowing me to search your vehicle?"  You: "No, I don't mind."  This is a consensual search and you will likely be unsuccessful in court if you challenge the search.

  • MAKE SURE THE DRIVER AND PASSENGERS PAY ATTENTION TO THE DRUG SNIFFING DOG WHEN WALKING AROUND THE VEHICLE.  According to a recent study, drug sniffing dogs would only signal accurately 44% of the time. Read the article summarizing the study done by the Chicago Tribune. You will want as many eyes watching that dog as you can.  If you choose to challenge the dog's signal, you will want witnesses to testify at the hearing on your behalf.  The more SOBER witnesses, the better for your case.

  • PAY ATTENTION TO HOW LONG IT TAKES FOR THE CANINE OFFICER AND THE DRUG SNIFFING DOG TO ARRIVE AT THE SCENE.  While a police officer is allowed to have a drug sniffing dog walk around your vehicle, they cannot do so if it "unreasonably prolongs the stop."  Courts have not set a fine-line time limit as to how long is "unreasonably prolonging."  Courts will look to see when the "business portion" of the stop concluded.  For example:  If you are pulled over and the officer gives you a warning ticket and says you are free to leave, then he asks if you will consent to a search, you then say "no" and they say they are calling the canine to the scene, a court would likely conclude the business portion of the stop ended when he gave you the warning.  Depending on when the business portion of the stop is concluded, the courts routinely give minutes on the clock.  If it goes beyond 10-20 minutes, you could likely be successful if you challenge on that basis.

  • ALWAYS REMAIN CALM, BE POLITE, AND ASK IF YOU ARE UNDER ARREST.  Under Illinois law, you have the right to remain silent and not answer any questions if you are placed under arrest.  Therefore, it is best that you establish whether or not you are under arrest as early as possible.  If the officer is not allowing you to leave, ask the officer if you are under arrest.  If he/she says you are not under arrest, then ask "Am I free to leave?"  If the officer says "no," you are arguably under arrest and your constitutional rights attach. Politely tell the officer that if you are not free to leave, then you'd like to speak to your attorney.

HERE IS A VIDEO DEMONSTRATING A PROPER WAY TO DEAL WITH A TRAFFIC STOP.  Note, most police officers do not act like this police officer in the video; Pay attention to the driver of the vehicle and watch how he acts and responds.  Disclaimer:  Not every stop will be exactly like this video demonstrates. Also, this video is cheesy.


Note the driver made no admissions of guilt and asked early on whether or not he was under arrest and/or free to leave.  Most police officers will check the identification of the passengers and run them for warrant checks as well.  This could take time depending on how quickly it takes the officer to locate each person in his/her computer system.  During this time, remain silent and obey lawful orders.

IF POLICE OFFICERS SEARCH YOUR VEHICLE AND FIND ILLEGAL DRUGS, THEY CAN DETAIN YOUR VEHICLE AND THE COUNTY STATE'S ATTORNEY'S OFFICE COULD AND LIKELY WILL INITIATE VEHICLE FORFEITURE PROCEEDINGS.  

 

  • Under Illinois' Drug Asset Forfeiture Statute, authorities can forfeit and take over ownership of your vehicle if you are found in violation of the Statute.  The statute can be read at:  Illinois Drug Asset Forfeiture Act.  It is fairly difficult to win your vehicle back in these hearings because there are only a certain number of defenses you can raise.  In Peoria County, they typically initiate vehicle forfeiture proceedings on nearly all vehicles seized under the law.

UNDERCOVER POLICE OFFICERS WILL BE PATROLLING INSIDE THE FESTIVAL.


  • BE AWARE OF YOUR SURROUNDINGS AND DO NOT TRUST PEOPLE YOU DON'T KNOW.  Summer Camp is a safe place.  Violent crimes are few and far between.  Drug crimes are more prevalent and you should be aware that an undercover police officer could catch you doing something illegal without you knowing.  Be careful as to who you interact with and try to enjoy the music in the company of people you personally know.

  • YOU HAVE THE RIGHT TO REMAIN SILENT.  ANYTHING YOU SAY WILL BE USED AGAINST YOU IN COURT.  Always remember your right to remain silent.  Nothing you say typically helps you.  Remain polite but do not forget your rights.  

  • IF SOMEONE YOU KNOW IS ARRESTED AROUND THE FESTIVAL, THEY WILL LIKELY BE TAKEN TO THE PEORIA COUNTY JAIL.  If they are arrested on felony charges, they will likely spend the night in jail, depending on when bonding court is scheduled that day.  After the arrest takes place and the person is booked, the Peoria County Prosecutors review the police reports to determine if they are going to charge the case as a felony or a misdemeanor. If they charge it as a misdemeanor, they will likely be released at a pre-determined bond or on a Notice to Appear (NTA).  These bond amounts range between $100 and $500.  A Notice to Appear is basically a personal recognizance bond.  There is also a "Sheriff's Fee" around $22.50 that will be added to the total.  The jail is located at 301 North Maxwell Road, Peoria, IL 61604.  If you are going to bond out your friend or family member, you will need to go to the "bonding" part of the jail. There will be signs posted to direct you.


  • IF YOU ARE ARRESTED IN A NEIGHBORING COUNTY CLOSE TO PEORIA, HERE IS OTHER JAIL CONTACT INFORMATION FOR YOUR QUICK REVIEW:







  • IF YOU ARE ARRESTED AND CHARGED WITH A FELONY, YOU WILL NOT BE RELEASED FROM JAIL UNTIL A JUDGE SETS YOUR BOND.  The authorities can hold you up to 48 hours without charging you.  Typically, a decision is made within 48 hours and you go before a judge - usually on video transmission from the jail to the courthouse.  Depending on the severity of the crime, you should plan on bonding out of jail between $500 and $10,000.  Make sure you have emergency contacts memorized in case your phone is not accessible.  You can obtain more bonding information about the Peoria County Sheriff's Department by visiting:  http://www.peoriacounty.org/sheriff.


IF YOU ARE ARRESTED, YOU SHOULD SPEAK TO AN ATTORNEY AS SOON AS POSSIBLE.  Action can be taken immediately on your behalf so it's imperative you act quickly.



HALL, RUSTOM & FRITZ LLC SUMMER CAMP CLIENT UPDATE:



CASE DISMISSED!  4 Counts of a Class 3 Felony DISMISSED.


FACTS:  A client stopped on his way to the Summer Camp Music Festival had his vehicle searched and drugs were found.  Client was charged with 4 counts of Class 3 felonies (Unlawful Possession of Controlled Substances).  Attorney Jeff Hall filed a motion to quash and suppress evidence and a hearing was held.  Attorney Hall argued the following:  The State Trooper that pulled over the driver unreasonably prolonged the stop and detention longer than the time reasonably necessary for the trooper to conduct the legitimate activities normally associated with a routine traffic stop (trooper waited 24 minutes for the drug sniffing dog to arrive at the scene).  The judge agreed and granted the motion.  Based on that ruling, the prosecutors had to dismiss the case.  The Summer Camper was looking at a maximum 5 year sentence in the Illinois Department of Corrections. 

If you have further questions, please visit our website at www.centralillinoislawyers.com and complete our online submission form. Or, you can call our office at 309-699-4691 or email us JEFF HALL at jhall@hallrustomfritz.com.


LEGAL DISCLAIMER: 

The use of the Internet or this form for communication with the firm or individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form nor should the reader rely on the information listed above as true in all circumstances. This information is provided generally and any similarity between the information listed above and an individual reader's case is purely coincidental.

The attorneys at Hall, Rustom & Fritz LLC represent clients throughout the entire state of Illinois, including, but not limited to, the cities of Peoria, Morton, Washington, Pekin, Eureka, East Peoria, Dunlap, Metamora, Bartonville, Bloomington, Normal and any legal matter located in Peoria County, Tazewell County, Woodford County, Marshall County, Stark County, Henry County, Knox County and McLean County.

Article Author: Jeffrey R. Hall




Jeff Hall is managing partner at Hall, Rustom & Fritz LLC and concentrates his law practice in Criminal Law, DUI & Traffic law, driver's license reinstatement hearings and criminal record expungements.

If you have a legal question, email Jeff Hall.


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Wednesday, February 8, 2012

Cyberstalking and Electronic Harassment: How far should Facebook "creeping" go?

By Attorney Jeffrey R. Hall, for Hall & Rustom, LLC 

As technological advances in communication progress, so too will potential crimes involving electronic and telephone communication.  Over the past few years, states like Illinois have enacted laws that criminalize behavior involving threats that create a "reasonable apprehension of receiving some harm" to a person involved in the communication.  Simply stated, states like Illinois have criminalized threatening someone through electronic communications.

Throughout the news airwaves, we all heard the horrific story of the mother from Missouri that created a social networking account under a fake profile and proceeded to encourage a young teenage girl to kill herself.  This type of irresponsible behavior is deplorable.  While it was not considered criminal before, it could be now.  This story, as well as other harassment stories, provided an impetus for lawmakers to draft legislation criminalizing a broad range of communication.

Presently, there are two types of electronic harassment statutes in Illinois:
  1. Telephone Harassment or Harassment through Electronic Communications (720 ILCS 135/1/2), and;
  2. Cyberstalking (720 ILCS 5/12-7.5)
So what are the differences between the two?  First, Cyberstalking is a class 4 felony and telephone harassment is a Class B misdemeanor.  But what are the other differences?  Let's look at the statutes:

Telephone (Electronic) Harassment (720 ILCS 135/1/2)

Sec. 1-2. Harassment through electronic communications. (a) Harassment through electronic communications is the use of electronic communication for any of the following
purposes:

(1) Making any comment, request, suggestion or proposal which is obscene with an intent to offend;

(2) Interrupting, with the intent to harass, the telephone service or the electronic communication service of any person;

(3) Transmitting to any person, with the intent to harass and regardless of whether the communication is read in its entirety or at all, any file, document, or other communication which prevents that person from using his or her telephone service or electronic communications device;

(3.1) Transmitting an electronic communication or knowingly inducing a person to transmit an electronic communication for the purpose of harassing another person who is under 13 years of age, regardless of whether the person under 13 years of age consents to the harassment, if the defendant is at least 16 years of age at the time of the commission of the offense;

(4) Threatening injury to the person or to the property of the person to whom an electronic communication is directed or to any of his or her family or household members; or
(5) Knowingly permitting any electronic communications device to be used for any of the purposes mentioned in this subsection (a).

(b) As used in this Act:

(1) "Electronic communication" means any transfer of signs, signals, writings, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric or photo-optical system. "Electronic communication" includes transmissions by a computer through the Internet to another computer.

(2) "Family or household member" includes spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, and persons with disabilities and their personal assistants. For purposes of this Act, neither a casual acquaintanceship nor ordinary fraternization between 2 individuals in business or social contexts shall be deemed to constitute a dating relationship.

(c) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section.

(Source: P.A. 95-849, eff. 1-1-09; 95-984, eff. 6-1-09; 96-328, eff. 8-11-09.)

So what does this mean?

This statute could (depending on the totality of the circumstances) criminalize the following actions:

  1. Continuous calling with the intent to harass or interrupt the phone service of any person.
  2. Sending harassing pictures, files, graphics, etc. with the intent to harass.  (Don't send a picture of a gun and say, "Bang, you're next."  That would likely be a crime under this statute.
  3. Transmitting a communication to a child under 13 years of age for the purpose of harassing them. (Parents:  Don't get involved in your children's petty fights with other classmates.  You may commit a crime under this statute without knowing it).
  4. Threatening to injure someone in a phone call.
  5. Allowing someone to use your phone to threaten someone via electronic communication.
Violating this statute is a Class B Misdemeanor, punishable up to six (6) months in jail and/or a $1500 fine.

Cyberstalking (720 ILCS 5/12-7.5)

A person commits cyberstalking when he or she engages in a course of conduct using electronic communication directed at a specific person, and he or she knows or should know that would cause a reasonable person to:

(1) fear for his or her safety or the safety of a third person; or

(2) suffer other emotional distress.

(a-3)      A person commits cyberstalking when he or she, knowingly and without
lawful justification, on at least 2 separate occasions, harasses another person through the use of electronic communication and:

(1) at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement, or restraint and the threat is directed towards that person or a family member of that person, or

(2) places that person or a family member of that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint; or

(3) at any time knowingly solicits the commission of an act by any person which would be a violation of this Code directed towards that person or a family member of that person.

(a-5)      A person commits cyberstalking when he or she, knowingly and without lawful justification, creates and maintains an Internet website or webpage which is accessible to one or more third parties for a period of at least 24 hours, and which contains statements harassing another person and:

(1) which communicates a threat of immediate or future bodily harm, sexual assault, confinement, or restraint, where the threat is directed towards that person or a family member of that person, or

(2) which places that person or a family member of that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint, or

(3) which knowingly solicits the commission of an act by any person which would be a violation of this Code directed towards that person or a family member of that person.

(b) Sentence. Cyberstalking is a Class 4 felony. A second or subsequent conviction for cyberstalking is a Class 3 felony.

(c) For purposes of this Section:

(1) "Course of conduct" means 2 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. The incarceration in a penal institution of a person who commits the course of conduct is not a bar to prosecution under this Section.

(2) "Electronic communication" means any transfer of signs, signals, writings, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric, or photo-optical system. "Electronic communication" includes transmissions by a computer through the Internet to another computer.

(3) "Emotional distress" means significant mental suffering, anxiety or alarm.

(4) "Harass" means to engage in a knowing and willful course of conduct directed at a specific person that alarms, torments, or terrorizes that person.

(5) "Non-consensual contact" means any contact with the victim that is initiated or continued without the victim's consent, including but not limited to being in the physical presence of the victim; appearing within the sight of the victim; approaching or confronting the victim in a public place or on private property; appearing at the workplace or residence of the victim; entering onto or remaining on property owned, leased, or occupied by the victim; or placing an object on, or delivering an object to, property owned, leased, or occupied by the victim.

(6) "Reasonable person" means a person in the victim's circumstances, with the victim's knowledge of the defendant and the defendant's prior acts.

(7) "Third party" means any person other than the person violating these provisions and the person or persons towards whom the violator's actions are directed.

(d) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section.

So what does this mean?

First, a violation of this statute is a class 4 felony.  So think before you type.

Second, you have to be careful not to use your computer or phone communication abilities when you know or should know that a reasonable person would 1) fear for their safety or 2) suffer emotional distress from your actions.

For example, if you text someone from your phone saying, "I'm going to kill you. I'm on my way over to your home right now," that would likely be a violation of this section.  However, it's unclear whether threatening one (1) time would constitute a violation because the next section states that it has to happen on at least 2 separate occasions AND 1) you threaten future bodily harm, sexual assault, confinement, etc., OR 2) your threat places a person or a family member of that person in reasonable apprehension of immediate or future bodily harm.

This statute sounds similar to the telephone harassment statute; however, it goes a step further to require the communication be repeated (more than 2 times) and that it leads to a reasonable apprehension of harm being caused to the recepient. 

This law is relatively new so there is not much case law defining what these sections actually mean.  Simply use your common sense and try not to threaten with the intent of harassing another person.

It is strongly advised to not create false accounts on social networking sites such as Facebook.  Prosecutors could file charges so long as they have probable cause you committed an offense.  If they have ample evidence that you created a false profile with the intent to harass or threaten someone, you could open yourself up to criminal charges.

Will I be formally charged with this crime?

Your county's prosecuting authority has the sole discretion in filing these charges against you.  The police simply investigate a complaint and then report it to the prosecuting authority.  While you should not use your electronic communications to transmit threatening messages, you should use your discretion and understand that you COULD be charged with a crime if it's reported by the police. 

I regularly advise my clients with children to monitor their online activity.  While you cannot monitor every form of communication, you can play an active role in educating yourself and your child in treating people as you would like to be treated.  If you have allowed your children the privilege of a cell phone, there is software that helps you monitor, block, and record certain activity.  Further, you should pay attention to what your child is doing because you could be held responsible in some situations. 

You have to be aware that some actions lead to greater consequences.  Read the above statutes carefully and then make your own decisions.

If you have further questions, please visit our website at www.centralillinoislawyers.com and complete our online submission form. Or, you can call our office at 309-699-4691 or email us at how@howlawfirm.com.

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The attorneys at Hall & Rustom LLC represent clients throughout the entire state of Illinois, including, but not limited to, the cities of Peoria, Morton, Washington, Pekin, Eureka, East Peoria, Dunlap, Metamora, Bartonville, Bloomington, Normal and any legal matter located in Peoria County, Tazewell County, Woodford County, Marshall County, Stark County, Henry County, Knox County and McLean County.


Article Author: Jeffrey R. Hall




Jeff Hall is managing partner at Hall, Rustom & Fritz LLC and concentrates his law practice in Criminal Law, DUI & Traffic law, driver's license reinstatement hearings and criminal record expungements.

If you have a legal question, email Jeff Hall.



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