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List of Forms by Chapter - Chapter 1 — Arrest, Search, and Seizure
-
I. Introduction - II. [1.4] Analyzing Whether a Search or Seizure Occurred
- III. Scope of the Fourth Amendment
- [1.14] The Exclusionary Rule
- [1.15] Type of Proceeding
- [1.16] Probation and Supervision Revocation Proceedings
- [1.17] Other Types of Proceedings
- [1.18] Who May Assert Fourth Amendment Rights and Where
- [1.19] Overnight Guests
- [1.20] Automobile Passengers
- [1.21] Open Fields and Curtilage
- [1.22] Abandoned Property
- [1.23] Garbage
- [1.24] Public Action vs. Private Individual
- IV. [1.25] Analyzing Whether a Seizure Was Lawful
- Community Caretaking Exception
- [1.26] In General
- [1.27] Public Safety
- [1.28] Analyzing Whether a Terry Stop/Detention Was Properly Supported by Reasonable Articulable Suspicion
- Informant’s Tip
- [1.29] In General
- [1.30] Unknown or Anonymous Tips
- [1.31] In-Person Tips
- [1.32] Description
- [1.33] Street Encounters
- [1.34] Flight and High Crime Areas
- [1.35] Flight
- [1.36] Traffic Stops
- [1.37] Prolonged Stops and Series of Seizures
- [1.38] Prolonged Detention for Suspected DUI
- [1.39] Seizures During On-Scene Police Investigation
- [1.40] The Right To Bear Arms: Terry Stops Post-Aguilar
- Analyzing Whether a Frisk Was Lawful
- [1.41] Frisks During Terry Stops
- [1.42] Frisks During Consensual Encounters
- [1.43] Analyzing Whether an Arrest Was Lawful, i.e., Properly Supported by Probable Cause
- [1.44] Warrants
- [1.45] Warrantless Arrests
- [1.46] Radio Communications and Investigative Alerts To Establish Probable Cause
- [1.47] The Right To Bear Arms: Warrantless Arrests Post-Aguilar
- [1.48] Extraterritoriality/Jurisdiction
- [1.49] Attenuation
- [1.50] Basic Procedure for a Motion To Suppress Evidence Illegally Seized
- V. [1.51] Warrant Requirement
- [1.52] Administrative Warrants
- [1.53] Anticipatory Search Warrants
- [1.54] Specificity Requirement
- [1.55] Things To Be Seized
- [1.56] First Amendment Materials
- [1.57] Unidentified Persons — “John Doe” Warrant
- [1.58] Place To Be Searched
- [1.59] Scope of the Search
- [1.60] Probable Cause Supported by Oath or Affirmation
- [1.61] Execution of the Warrant — Detention of the Occupants
- [1.62] Staleness
- [1.63] Informants
- [1.64] Franks Hearings
- [1.65] Good Faith
- VI. [1.66] Warrantless Searches
- Searches for Less than Probable Cause
- [1.67] Employee Searches
- [1.68] Special Government Needs
- [1.69] School Searches
- [1.70] Probation Search
- [1.71] Exigent Circumstances
- [1.72] Cell Phone Searches
- [1.73] Search Incident to an Arrest
- [1.74] Search of Vehicle
- [1.75] Search of Residence
- [1.76] Search of Person
- [1.77] Civil Warrants
- [1.78] Protective Sweeps
- [1.79] Hot Pursuit
- [1.80] Motor Vehicle and Boat Searches
- [1.81] Checkpoint Stops
- [1.82] Closed Containers
- [1.83] Miscellaneous Issues
- [1.84] Inventory Searches
- [1.85] Plain View
- [1.86] Plain Smell and Cannabis
- [1.87] Independent Source
- [1.88] Inevitable Discovery
- [1.89] Consent
- [1.90] Scope of Consent
- [1.91] Valid and Invalid Consent
- [1.92] Mere Acquiescence
- [1.93] Involuntary and Voluntary Consent
- [1.94] Third-Party Consent
- [1.95] Apparent Authority
- [1.96] Emergency Exception
- VII. [1.97] Knock and Announce
- VIII. [1.98] Motion To Suppress
- IX. Appendix
- Chapter 2 — Representing Clients in the Early Stages of a Criminal Action
- I. [2.1] Introduction and Scope of Chapter
- II. Suspects
- III. Lineups, Photographs, and Polygraphs
- IV. [2.9] Arrests
- V. [2.12] Searches
- VI. [2.19] Proceedings After Arrest
- [2.20] Is Your Client Detainable?
- [2.21] Initial Appearance Court
- [2.22] Detention Hearings
- [2.23] Discovery and Evidence at Detention Hearings
- [2.24] Factors the Court Should Consider for Detention Based on Safety
- [2.25] Conditions Hearing
- [2.26] Appealing Orders of Detention
- [2.27] Sanctions or Revocation for Violations of Conditions of Pretrial Release
- [2.28] Evolving Caselaw
- VII. [2.29] Charging Process
- VIII. [2.36] Conclusion and Recommended Texts
- IX. Sample Forms
- Chapter 3 — Confessions
- I. Introduction
- II. Confessions and Due Process
- [3.5] In General
- [3.6] Pre-Colorado v. Connelly Cases
- [3.7] Colorado v. Connelly — Police Misconduct Necessary for Suppression
- [3.8] Illinois Law — Police Misconduct Not Necessary for Suppression
- Voluntariness
- [3.9] Burden of Proof and Standard of Appellate Review
- [3.10] Totality of Circumstances
- [3.11] Interrogation Techniques
- [3.12] Physical Abuse and Other Impermissible Tactics
- [3.13] Threats and Promises of Leniency
- [3.14] Deceit or Trickery
- [3.15] Confessor’s Mental Condition and Other Characteristics
- [3.16] Juveniles
- [3.17] Intellectual Disability
- [3.18] Mental or Physical Condition at the Time of the Confession
- [3.19] Public Officials
- [3.20] Length of Detention
- III. Confessions, Self-Incrimination, and Miranda v. Arizona
- [3.21] In General
- [3.22] Miranda v. Arizona
- [3.23] Miranda v. Arizona and the Burden of Proof
- [3.24] Interpreting Miranda v. Arizona
- [3.25] Miranda Warnings
- [3.26] When Miranda Warnings Are Required
- [3.27] Custodial
- [3.28] Interrogation
- [3.29] Public-Safety Exception
- [3.30] Miranda Waiver
- [3.31] Waivers by Words and by Actions
- [3.32] Knowing and Intelligent Waivers
- [3.33] Effect of Invoking Miranda Right to Silence
- [3.34] Effect of Invoking Miranda Right to Counsel
- IV. Confessions and the Sixth Amendment Right to Counsel
- V. [3.38] Confessions and “Plea Bargaining”
- VI. Effect of a Motion To Suppress Statements at Trial
- VII. [3.43] Challenging the Credibility of a Confession at Trial
- VIII. [3.44] Sample Motion To Suppress
- Chapter 4 — Illinois Criminal Pretrial Discovery
- I. [4.1] Scope of Criminal Discovery Rules
- II. [4.2] Applicability of Discovery Rules: Supreme Court Rule 411
- III. Disclosure to Accused: Supreme Court Rule 412
- [4.3] Triggering Discovery Rules: Supreme Court Rule 412(a)
- [4.4] Names, Addresses, and Statements of Intended State Witnesses: Supreme Court Rule 412(a)(i)
- [4.5] Statements Made by Accused or by Codefendant: Supreme Court Rule 412(a)(ii)
- [4.6] Grand Jury Minutes: Supreme Court Rule 412(a)(iii)
- [4.7] Statements or Reports of Expert Witnesses and Results of Medical or Scientific Tests: Supreme Court Rule 412(a)(iv)
- [4.8] Documentary or Physical Evidence: Supreme Court Rule 412(a)(v)
- [4.9] Prior Criminal Records of State’s Witnesses: Supreme Court Rule 412(a)(vi)
- [4.10] Rebuttal Witnesses
- [4.11] Electronic Surveillance: Supreme Court Rule 412(b)
- [4.12] Material or Information Favorable to Defense: Brady v. Maryland and Supreme Court Rule 412(c)
- [4.13] Discretionary Disclosure: Supreme Court Rule 412(h)
- [4.14] Compliance by Prosecution: Supreme Court Rules 412(d) – 412(g)
- IV. Disclosure to Prosecution: Supreme Court Rule 413
- V. [4.19] Evidence Depositions: Supreme Court Rule 414
- VI. [4.20] Procedures in Capital Cases: Supreme Court Rule 416
- VII. [4.21] DNA Evidence: Supreme Court Rule 417
- VIII. Restrictions on Discovery
- IX. Regulation of Discovery
- [4.25] Instructions to Witnesses: Supreme Court Rule 415(a)
- [4.26] Continuing Duty To Disclose: Supreme Court Rule 415(b)
- [4.27] Custody of Materials: Supreme Court Rule 415(c)
- [4.28] Protective Orders: Supreme Court Rule 415(d)
- [4.29] Excision of Non-Discoverable Items: Supreme Court Rule 415(e)
- [4.30] Sanctions for Violation of Rules: Supreme Court Rule 415(g)
- X. [4.31] Bill of Particulars
- XI. Pretrial Discovery in Misdemeanor Cases
- XII. [4.37] Sample Pretrial Discovery Motions in Felony and Misdemeanor Cases
- XIII. [4.40] List of Items That May Be Available
- Chapter 5 — Pretrial Motions
- I. [5.1] Scope of Chapter
- II. [5.2] Motion To Dismiss Charge
- III. [5.3] Motion for Substitution of Judge
- IV. [5.6] Motion for Continuance — Specific Grounds
- V. [5.13] Motion for Change of Place of Trial
- VI. [5.14] Motion for Dismissal and Discharge for Violation of Right to Speedy Trial
- VII. [5.19] Motion in Limine To Preclude Use of Prior Convictions for Impeachment of Credibility of Defendant and Defense Witnesses
- VIII. [5.20] Motions Relating to Joinder and Severance
- IX. [5.23] Appendix — Sample Motions
- [5.24] Motion To Dismiss Charge
- [5.25] Motion for Substitution of Judge
- [5.26] Motion for Continuance
- [5.27] Motion for Change of Place of Trial
- [5.28] Motion for Dismissal of Charge and Discharge of Defendant for Speedy-Trial Violation
- [5.29] Motion To Preclude Use of Evidence of Prior Conviction of Defendant for Impeachment Purposes
- [5.30] Motion To Sever Charges
- [5.31] Motion for Severance of Defendants (with Alternative Allegations)
- Chapter 6 — Cybercrimes and Use of E-Evidence in Criminal Cases
- I. [6.1] Introduction
- II. [6.2] Jurisdictional Issues
- III. Practical Use of Technology in Defending Criminal Cases
- IV. Obtaining Evidence for Use in Cybercrimes Cases
- [6.6] Search the Computer Itself
- [6.7] Search the Internet
- [6.8] Discovery; Administrative Subpoenas
- [6.9] Search Warrants
- Search Warrant Procedure; Requirements
- [6.10] Complaint for Search Warrant
- [6.11] Affidavit
- [6.12] Order for Search Warrant
- [6.13] Executing Warrant
- [6.14] Challenges to Search Warrants
- [6.15] Constitutional Concerns
- [6.16] Surveillance of Private Conversations and Private Electronic Communications
- V. Trial Considerations
- VI. [6.22] Illinois Laws Relating to Computer Crimes
- [6.23] Computer Tampering
- [6.24] Aggravated Computer Tampering
- [6.25] Computer Fraud
- [6.26] Unlawful Use of Encryption
- [6.27] Identity Theft
- [6.28] Eavesdropping
- [6.29] Other Computer Crimes
- [6.30] Posting of Identifying Information on a Pornographic Internet Site
- Child Pornography
- [6.31] In General
- [6.32] Sexting
- [6.33] Child Photography by Sex Offender
- [6.34] Grooming
- [6.35] Traveling To Meet a Child
- Indecent Solicitation of a Child
- [6.36] Definition, Intent, and Punishment
- [6.37] Entrapment
- [6.38] Solicitation To Meet a Child
- [6.39] Online Property Offenses
- [6.40] Cyberstalking and Harassment
- VII. [6.41] Constitutional Considerations
- VIII. [6.42] Conclusion
- IX. Appendix
- [6.43] Affidavit Sample Language
- [6.44] Definitions
- Sample Language for Search Warrant Affidavits
- [6.45] Computer Hardware Is Itself Contraband, Evidence, and/or an Instrumentality or Fruit of Crime
- [6.46] Computers Used To Obtain Unauthorized Access to a Computer (“Hacking”)
- [6.47] Computers Used To Produce Child Pornography
- [6.48] Computers Used in Illegal Business Operations
- [6.49] Seizure of Hardware and Conducting Subsequent Off-Site Search
- [6.50] Incremental Search
- [6.51] Use of Comprehensive Data Analysis Techniques
- [6.52] Description of Property To Be Seized at Business for Evidence of Drug Trafficking
- [6.53] Description of Property To Be Seized when the Computer Hardware Is Merely a Storage Container for Electronic Evidence
- [6.54] Description of Property To Obtain Records Stored with an Internet Service Provider Pursuant to 18 U.S.C. §2703(a)
- [6.55] Contact Information for Electronic Service Providers and Other Useful Websites
- Chapter 7 — Psychological Issues and Defenses
- I. [7.1] Introduction
- II. Mental Health Expert Witnesses
- III. Unfitness To Stand Trial
- IV. Motion To Suppress
- V. Insanity Defense (Not Guilty by Reason of Insanity)
- VI. Altered Mental States
- VII. [7.27] Sentencing Mitigation
- VIII. Sexually Violent and Sexually Dangerous Persons
- IX. Defendants with Special Needs
- X. Choosing the Right Expert
- XI. Cross-Examining the Opposing Expert
- Chapter 8 — Affirmative Defenses in Illinois
- I. [8.1] Introduction
- II. [8.2] The Right To Present a Defense
- III. Affirmative Defenses in Which the Prosecution Retains the Burden of Proof
- [8.5] Infancy
- [8.6] Intoxicated or Drugged Condition
- [8.7] Self-Defense
- [8.8] Defense of Dwelling
- [8.9] Defense of Property
- Compulsion
- [8.10] In General
- [8.11] Compulsion as a Defense in Murder and Felony-Murder Prosecutions
- [8.12] Compulsion as Mitigation
- [8.13] Necessity
- [8.14] Entrapment
- [8.15] Alibi
- [8.16] Mistake of Fact
- [8.17] Sexual Offenses: Reasonable Mistake of Age
- [8.18] Sexual Offenses: Consent and Reasonable Mistake as to Consent
- IV. Affirmative Defenses in Which Part of the Burden of Proof Shifts to the Defense
- V. [8.21] Conclusion
- Chapter 9 — Plea and Sentence Bargaining
- I. Introduction
- II. Crimes and Penalties
- [9.3] Factors To Consider Before Plea Negotiations
- [9.4] Penalty Ranges for Particular Crimes
- [9.5] Sentence Range
- [9.6] Probation
- [9.7] Mandatory Sentences
- [9.8] Aggravating and Mitigating Factors
- [9.9] Enhanced Penalties and Mandatory Sentences
- [9.10] Concurrent and Consecutive Sentences
- [9.11] Avoiding Prison Time
- [9.12] Probation and Treatment Alternatives for Safe Communities
- Alternatives To Consider
- [9.13] Supervision
- [9.14] Boot Camp
- [9.15] Periodic Imprisonment
- [9.16] Fines
- [9.17] County Detention in Addition to Probation
- [9.18] Expungeable Probation
- [9.19] Drug School
- [9.20] Other Programs
- [9.21] The Client’s Circumstances
- III. Truth in Sentencing/Good Time Credit
- IV. [9.26] Collateral Consequences
- V. Alternative Sentences
- VI. The Negotiation Process
- VII. Entering the Plea
- VIII. [9.41] Conclusion
- IX. [9.42] Appendix — Table of Sentencing Citations
- Chapter 10 — Trial Preparation
- I. [10.1] Introduction
- II. Client Conference
- III. Pretrial Strategy
- [10.6] General Considerations
- [10.7] Pretrial Motions
- [10.8] Purpose of Pretrial Motions
- [10.9] Impact on Plea Bargaining
- [10.10] When To Begin
- [10.11] Investigation
- [10.12] Scene
- Witnesses
- [10.13] General Considerations
- [10.14] Witnesses for the Prosecution
- [10.15] Witnesses for the Defense
- [10.16] Physical Evidence
- [10.17] Recovery of Evidence
- [10.18] Preservation of Evidence
- [10.19] Demonstrative Evidence
- [10.20] Forensic Experts and Investigators
- [10.21] Development of the Theory of Defense
- [10.22] General Denial
- [10.23] Alibi Defense
- [10.24] Affirmative and General Defenses
- [10.25] Psychiatric Defense
- [10.26] Anticipate the State’s Case
- [10.27] Know Your Enemy
- [10.28] Prosecute Your Own Case
- [10.29] Review Physical Evidence
- [10.30] Witness Preparation
- [10.31] Preparation of the Defendant
- [10.32] Preparation of Lay Witnesses
- [10.33] Preparation of Expert Witnesses
- [10.34] Direct Examination
- [10.35] Cross-Examination
- [10.36] Prepare Documentary and Physical Evidence
- [10.37] Laying the Foundation for Each Piece of Evidence
- [10.38] Foundation for Audio and Video Recordings
- [10.39] Foundation for Diagrams, Drawings, and Models
- [10.40] Foundation for Photographs
- [10.41] Foundation for Documentary Evidence
- [10.42] Establishing the Chain of Evidence
- Anticipate Evidentiary Issues
- [10.43] In General
- [10.44] Research Admissibility of Evidence
- [10.45] Hearsay
- [10.46] Recollection
- [10.47] Impeachment Techniques
- [10.48] State of Mind
- [10.49] Prejudicial or Inflammatory Evidence
- [10.50] Evidence of Other Offenses
- [10.51] Motions in Limine
- IV. [10.52] Trial in a "Post-COVID" World
- V. [10.55] Final Review and Organization
- VI. [10.62] Summary
- Keith Grant
Keith Grant
Keith Grant is the Senior Supervising Attorney for the Lake County Public Defender’s Office, in Waukegan, where he focuses on criminal defense. He is the President of the Illinois Public Defender Association, and he sits on the Board of Directors of both the Lake County Bar Foundation and the Illinois Criminal Justice Authority. Grant received his B.A. from Ripon College and his J.D. from Northern Illinois University College of Law.
- Joshua B. Kutnick
Joshua B. Kutnick
Joshua B. Kutnick, Principal of Kutnick Law, in Chicago, has owned his practice since 2001 and focuses his work on criminal defense. He has authored the Illinois Constitutional Update “Defeating the Illinois Eavesdropping Act” (2013). In 2020, Kutnick presented on the topic of Defending Sex Crimes at the Illinois Association of Criminal Defense Lawyers’ annual continuing legal education conference. He received B.A. from the University of Wisconsin-Madison and his J.D. from Chicago-Kent College of Law.
- Ashleigh M. McKeigue
Ashleigh M. McKeigue
Ashleigh M. McKeigue is an assistant public defender at the Law Office of the Cook County Public Defender, in Markham. She has been with the office for approximately 15 years in various positions and frequently presents to her colleagues on issues involving search and seizure. McKeigue received her B.S. cum laude from Illinois State University and her J.D. from DePaul University College of Law, where she was a Georgetown National White Collar Crime Mock Trial Competition championship team member.
- Kathleen M. Pantle
Kathleen M. Pantle
Hon. Kathleen M. Pantle is a retired Judge of the Circuit Court of Cook County. She was an Acting/Alternate Chair of the Illinois Torture Inquiry and Relief Commission and a member of the Illinois Pattern Jury Instructions (Criminal) Committee for nine years, serving as Chair for two years. Pantle has served as Chair and Vice-Chair of the Chicago Bar Association Commercial Litigation Committee. She received her B.S. magna cum laude from Loyola University Chicago and her J.D. from Loyola University Chicago School of Law.
- Carly R. Patzke Reyes
Carly R. Patzke Reyes
Carly R. Patzke Reyes is an assistant public defender at the Law Office of the Cook County Public Defender, in Chicago, where she focuses her practice on indigent criminal defense. She is a member of the National Association Criminal Defense Lawyers and also is an Autism Awareness Advocate. Patzke Reyes received her B.A. from the University of Wisconsin-Madison and her J.D. from The John Marshall Law School.
- Marcos D. Reyes
Marcos D. Reyes
Marcos D. Reyes is an associate at Batovski & Associates, in Maywood, where he focuses his practice on criminal defense. He is a member of the Puerto Rican and Chicago Bar Associations and the National Association of Criminal Defense Lawyers. Reyes received his B.A. from Loyola University and his J.D. from Loyola University Chicago School of Law.
- Stephen L. Richards
Stephen L. Richards
Stephen L. Richards is an attorney at the Law Office of Stephen L. Richards, in Chicago, where he concentrates his practice in criminal law and civil rights. He received the National Legal Aid & Defender Association’s Kutak-Dodds Award, Defender Prize. Richards has been a member of the Illinois Supreme Court’s Screening Committee for the Capital Litigation Trial Bar and is former President of the Illinois Public Defender Association. He has lectured and written extensively on criminal law and the death penalty. Richards received his B.A. with honors from the University of Chicago and his J.D. from Brooklyn Law School.
- Michelle L. Sanders
Michelle L. Sanders
Michelle L. Sanders is Chief Public Defender at the Macon County Public Defender’s Office, in Decatur. She serves on the Board of Commissioners for the Office of the State Appellate Defender, and she is a member of the Decatur Bar Association. Sanders is also a recipient of the Brice Robert Jacob award (2024). Sanders received her B.A. summa cum laude from Western Illinois University and her J.D. from Southern Illinois University School of Law, where she served as a Taylor Mattis Fellow.
- Andrew R. Sowle
Andrew R. Sowle
Andrew R. Sowle is an assistant public defender at the Law Office of the Cook County Public Defender, in Markam. He is a member of the National Lawyers Guild. Sowle received his B.A. summa cum laude from Connecticut College and his J.D. from The University of Chicago Law School, where he graduated with high honors and Order of the Coif.
Defending Criminal Cases: Pretrial Issues, Guilty Pleas, and Defenses 2025 Edition
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