Articles Posted in Civil Rights

Warrantless Arrests Are Legal—But Not Always Lawful

If you’ve been arrested in Chicago without a warrant, you’re not alone. Every day, people are taken into custody by police or federal agents without ever seeing a warrant signed by a judge. It happens in neighborhoods from Little Village to Lincoln Park, and it often leads to serious felony charges. But not every warrantless arrest is legal under the Constitution or Illinois law.

I’ve spent decades as a Chicago criminal defense lawyer handling cases where the entire foundation of the state or federal government’s case rests on an arrest made without prior judicial approval. Some of those arrests were perfectly legal—others weren’t. If you don’t understand your rights, you may not realize the government overstepped until it’s too late.

When the government seizes your money, car, or other property in connection with a criminal investigation, it can feel like your life is being dismantled piece by piece. In Chicago, criminal asset forfeiture has become a frequent and aggressive tactic used by law enforcement, often without a conviction and sometimes without charges at all. What many people don’t realize is that the burden to recover that property falls on them—and it’s not an easy fight without skilled legal help.

Criminal asset forfeiture isn’t just about evidence; it’s about power. The government can take your belongings based on allegations alone. And without an experienced defense lawyer pushing back, you may never see those assets again—even if you’re innocent.


What Asset Forfeiture Looks Like in Chicago

When approached by law enforcement with requests for questioning, whether related to an incident you may have witnessed or involving questions about your activities, the situation can be highly stressful and intimidating. Many people often wonder whether it is necessary to have legal representation in such instances. This article aims to clarify the benefits and reasons why securing an attorney in such situations is not only advantageous but often crucial.

Legal Rights and Police Questioning

The right to legal representation is foundational in the United States, deeply embedded within the Fifth Amendment, which protects against self-incrimination, and the Sixth Amendment, which guarantees the right to counsel. These protections are designed to ensure that individuals do not inadvertently compromise their legal standing or disclose information that could be used against them in criminal proceedings.

In urban settings like Chicago, law enforcement officers often use a variety of tactics to manage crime effectively and efficiently. While many of these methods are necessary for maintaining public safety, some practices and strategies are not widely known to the public. This article aims to shed light on some of these lesser-known tactics. Understanding these methods can empower residents and help maintain a balanced relationship between the public and the police. Here, we will explore the top ten tactics used by law enforcement in Chicago that are generally not disclosed to the public.

Key Tactics Employed by Chicago Police

  1. Use of Decoy Operations: One of the less discussed methods involves the use of decoy operations. Chicago police have been known to employ undercover officers to catch criminals in the act. These officers may pose as potential targets for theft or act as drug buyers in areas known for narcotics sales. The purpose is to directly engage criminals, which can be highly effective but also controversial as it raises questions about entrapment and the provocation of crimes that otherwise might not have occurred.

Illinois has officially become the first state in the country to eliminate cash bail. Proponents of the measure say that it punishes the poor unfairly. The Pretrial Fairness Act prevents judges from setting bail but gives them broader discretion to deny release to those accused of violent crimes. Those opposed to the measure included prosecutors and police officers who see it as being “soft on crime.”

The measure is seen as leveling the playing field for Black, Brown, and poor communities that can’t afford to pay their way out of jail even when they are not a risk to the community. A 2022 civil rights report on cash bail showed that, on average, Black arrestees are required to pay 35% more than their white counterparts. Latinos on average pay 19% more. Hence, the system was intrinsically racist and remains so in states that have not eliminated cash bail. An estimated 60% of defendants ended up in jail because they could not afford to post bail. 

Critics of the measure believe that this will allow dangerous people back on the streets. Law enforcement and other critics of the measure believe that now that cash bail has ended, defendants have no incentive to return to court. This will end up creating a situation where they are searching for defendants who are let out of jail.

Over the past decade, Chicago has placed restrictions on employers when they consider the criminal history of job applicants. These measures have been called “ban-the-box” ordinances. Chicago’s ordinance mirrored statewide requirements under the Job Opportunities for Qualified Applicants Act (JOQAA). On April 24, 2023, the City of Chicago passed substantial amendments to the ban-the-box ordinance, which is set to take effect immediately.

The purpose of the legislation is to prevent recidivism by giving those with criminal histories a better opportunity to find gainful employment and keep themselves out of trouble. 

Prior Ban-the-Box Restrictions

Just seeing a drug-sniffing dog can be nerve-wracking, and having one sniff your body, compound, car, or belongings can feel like an infringement on your privacy. These dogs are a common sight in airports and functions such as festivals where large crowds of people gather to have fun.

Apart from airports and music festivals, you might have seen these dogs at a traffic stop and wondered if it was legal for the police to have them there. 

The Case of Illinois V. Caballes

Illinois officials have emphasized re-entry services for inmates who have been convicted of serious crimes. But finding steady employment, even for those who earned master’s degrees while inside, remains difficult. Part of the issue is related to their incarceration, but another part of the issue has to do with the fact that employers are not likely to hire someone with a master’s degree for low-level warehouse work. The employer will figure they will get bored with the job and be gone in a few weeks. 

Now one former inmate who was convicted of murder says he’s having difficulty finding work despite the fact that he has a master’s degree. It further becomes a problem when the former inmate has no legitimate means of earning money. The chances of that inmate going back to prison escalate exponentially. 

What Prevents Former Inmates From Getting Jobs?

It is no secret that criminal justice reform feels like a slap in the face to police officers. It stands to reason, then, that some police departments would refuse to implement provisions passed in 2021. 

In 2021, Illinois passed the Pretrial Fairness Act, which extended privileges to those awaiting trial and under electronic monitoring. Among other things, it allowed individuals to leave their houses for essential business. During certain periods of certain days, they were allowed to leave the house to run errands. 

However, Cook County has been denying essential days to those who also work. The measure was implemented unilaterally by the Cook County sheriff, and many believe that it is a violation of the law, if not the letter of the law, then at least the spirit of the law. But perhaps that is the point. 

States across the U.S. are seeing labor shortages, perhaps due to COVID-19 or unprecedented job growth in recent years. Nonetheless, there are not enough Americans to fill the vacancies. Where can we find more laborers? Well, legislators are now looking at Illinois’ prisons to see if they can kill two birds with one stone, so to speak. 

However, there remain several pitfalls for those released from prison, not the least of which is very few schools will take prison transfer credits. Why would they? Illinois requires that all potential barbers get 1,500 hours of credits before their licensing. This, of course, costs a lot of money. Those coming out of prison would have to pay for the entire 1,500 hours as opposed to transferring their credits from prison to the new school. Right now, very few schools are willing to take transfer credits from prison. 

Now, it is becoming clear that reducing requirements, including high school diplomas or GEDs, is necessary to train the next generation of truck drivers, barbers, and other professional trades. Eliminating these barriers would make it easier for everyone to apply for these jobs. It would also cost less to apply for certification. These costs often present a barrier to entry for many of the urban poor who end up relying on banditry to acquire money. When there’s no hope that functioning within the system will result in a positive outcome, then the only option is to operate outside of it. 

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