I told you so.

Earlier this year I took issue with one of those news reports that seemed sourced mostly from a police press release. Or, at least, a police spokesperson who wasn’t about to let the reporter ask any real questions.  By this point, I’m sure you know how much I love police press releases.  Because I know this … Read More

Driver sober AND get pulled over.

Nothing warms my jaded, criminal defense attorney heart more than when law enforcement comes up with cute catch phrases.  I’ve always loved it when Illinois State Troopers talk about the “Fatal 4”.  I especially love “click it or ticket” because the Illinois law really only lived up to a “watered down” version of the phrase until the decidedly “big government” Bush administration tied changes in the law to eligibility for federal funding:

SENATE BILL 50: Primary Seat belt Legislation
The new law changes the Illinois Vehicle Code’s seat belt law from a “secondary” violation to a “primary” violation. Formerly, law enforcement officials could not stop a motor vehicle solely on the basis of a violation of the seat belt law. This law removes that exception, enabling law enforcement officials to stop vehicles solely on the basis of seat belt violations. The law provides that a law enforcement officer may not search or inspect a motor vehicle, its contents, the driver or a passenger solely because of a violation of this law. The law took effect immediately upon signing by the governor. Illinois is the first state this year to enact primary safety belt legislation and the 19th state across the country.

No discussion of cute-catch-phrases-tied-to-federal-funding would be complete without “Drive Sober Or Get Pulled Over” though.  As I explained back in December, that propaganda (and, more accurately, the funding behind it), is why you start seeing news of all the “checkpoints” that pop up everywhere around the holidays (I really should go back to see exactly how many St. Charles DUI arrests were made as a result of that weekend… and then check that number against the number of DUI arrests made on a “normal” weekend to see if the the money and resources spent were actually justified).

Nevertheless, I’m very saddened to read today that not everywhere lives by “drive sober or get pulled over.”  In fact, in Wisconsin, it looks like they’ve bought into quite the opposite- drive sober and get pulled over:

Tanya Weyker was hurt so badly, she couldn’t blow into a breath-testing device or perform field sobriety tests. But a Sheriff’s deputy arrested her for drunk driving anyway. And the County hung those charges over her head for nearly a year, even long after blood tests proved she was perfectly sober.

Wait. She was just driving down the road and got a DUI?  Nothing is that simple. Obviously, there’s a catch.  That catch is that you’ve got to let the cop run into you, first (and lie about it, second):

A Milwaukee County Sheriff’s Deputy rolls through a stop sign and causes a violent crash. So why was the victim placed under arrest?
A FOX6 Investigation finds that a deputy’s changing story may have changed one woman’s life forever.
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Drugs, Schools, Parks and completely random drug/school/parks laws.

Sometimes a drug deal in Elgin is just a drug deal.

I’ve given up reading some of the local papers each day to catch up on my crime news.  At this point, I’d rather go straight to the source- the police and State’s Attorney’s media releases.  After all, if they’re accurate and objective enough for the newspaper, they must be good enough for me, right?  So, allow me, if you will, to do what I often see in some of the news outlets by cutting and pasting part of the Kane County State’s Attorney’s latest media release as though it’s real news:

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ELGIN MAN GETS 15-YEAR SENTENCE FOR COCAINE SALE

April 18, 2014 – An Elgin man with a history of violent offenses has been sent to prison for selling cocaine near a public park. Samuel E. Span, 31 (d.o.b. 7-27-1983), of the 300 block of North Liberty Street, Elgin, was sentenced late Thursday, April 17, 2014, by Circuit Judge John A. Barsanti to 15 years in the Illinois Department of Corrections.

Span was convicted Feb. 28, 2014, by Judge Barsanti of unlawful delivery of a controlled substance within 1,000 feet of a park, a Class X felony, and unlawful delivery of a controlled substance, a Class 1 felony.

On Feb. 22, 2013, Span and co-defendant Mateo Cedillo, 26 (d.o.b. 6-3-1987) of the 200 block of South State Street, Elgin, sold 5.5 grams of cocaine to an undercover officer at Cedillo’s home. The home is within 1,000 feet of Ryerson Park in the 300 block of Ryerson Avenue on Elgin’s near west side…[/section_alt]

Of course that’s not the entire press release. I cut it off before it got too boring.  I also took the liberty of highlighting the silly parts- that this man’s house is an especially bad place to sell drugs, and its especially worse because it’s within 1000 feet of a park or school.

Now, I know you’re confused because you think I just said that people should be able to sell drugs by schools.  That’s not true. What is true is that the 1000 feet is a completely arbitrary distance with no real significance.

Police ask to meet drug dealers within 1000 feet of parks all the time.

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The Unfair Fight.

I’m not willing to let this press release/social media campaign issue die yet.  Like I wrote about a while back, an inordinate amount of your local crime news is cut-and-pasted directly from press releases issued by police and prosecutor’s office.  Don’t believe me?  See for yourself.  I’m not the only one who’s written about this. … Read More

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