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I live in the state of Illinois. My husband was arrested…

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I live in the...

I live in the state of Illinois. My husband was arrested almost 2 months ago. He had driven what turns out to be an informant to a city where they picked up drugs. when he got back to our hometown he was arrested in the CIs driveway. He apparently tossed some drugs out the window, but then he was arrested and taken to the police station. Later the CI called, saying she found his hat with more drugs in it, which the cop went back and got, and charged my husband with. She is a known drug addict and we believe she planted these drugs. Is this even legal? can you tell me some cases in either the Supreme Court ( Fed or IL) regarding this. Thank you!

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Illinois

Lawyer's Assistant: Have you talked to a lawyer yet?

He has a public Defender, I am trying to do as much of the leg work as possible to make sure he gets decent defense

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, I just need to find some cases that I can print out re: this issue. We have asked her to file a motion to suppress, but she said she is waiting for trial to do that, which does not seem procedurally correct

Submitted: 7 months ago.Category: Criminal Law
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10/2/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,544
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

What is the particular question you want answered with regard to this matter?

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Customer reply replied 7 months ago
looking for Federal or Illinois State supreme court regarding this issue. Basically my husband took someone to St Louis where this person bought drugs. They arrived back to her house, he ended up being arrested for possession...several hours after he was arrested this woman called the officer to say she had found his hat with more drugs. Now she was sitting in the car alone during the stop, his hat was in the glove compartment that she had access to. This woman is a known drug addict. I have never heard of a cop going back to pick up evidence at a scene on the say so of a known addict. I'm trying to get his public defender to file a motion to suppress, she seems to do much better when I do the leg work
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

Who do you think police use as confidential informants? They are virtually all people with criminal records. In fact, when someone gets arrested for drug possession or sale it is standard for the police to ask them if they are interested in working as a confidential informant. Many drug arrestees take advantage of that in order to avoid being charged themselves or to get themselves what they think will be a better deal.

This policy has been going on nationally since I first started practicing law almost 30 years ago. Police try to learn who's who in the local drug cartels and where to find them by turning street level buyers and sellers into CI.

There is nothing at all unusual about a police officer relying on the word of an addict/informant. In fact, it's typical and a daily reality.

That said, it does not have to mean that what happened was correct or that the informant was telling the truth about this incident. If your husband is fighting his case, he has the right to confront witnesses against him at hearings and trial. During such, the defense lawyer will be able to cross the informant as to her record, her drug abuse and what benefits she receives from the police for providing them with information along with what motives she may have to lie about her testimony. The jury can then decide how reliable her testimony is for themselves.

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Customer reply replied 7 months ago
my question is...my husband was arrested, he was taken to the station..hours later he was called by this informant stating she found his hat with drugs in it on her property. the sop went back and then charged my husband with these other drugs. Is that legal? Any court cases re:
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

Yes, it's legal to charge him based on the words of an informant if the police have probable cause to believe that the the additional drugs belonged to your husband. Probable cause is just a reasonable belief that a crime may have been committed and that your husband may have committed it. It doesn't require much evidence.

I don't know who the informant is and the extent of her relationship with the police. I don't know how many times the informant has worked with the police and provided reliable information to them. But if they know her to be a reliable informant, then they would have probable cause to believe her as to the additional drugs.

Of course, if the case goes to trial, the prosecutor would have to establish a connection between your husband and those drugs found later and prove it beyond a reasonable doubt. And that's a whole other matter, and a whole different level of proof.

I am going to have lunch. I doubt that there's a fact pattern precisely on point as every case is different. I can look at Illinois law when I return. But if you're asking whether it's unusual for police to find additional evidence after an arrest which could change the nature or the seriousness of the charges, it's not a rarity.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

There's a whole line of cases that analyze when an informant's tip is reliable enough for the police to make a probable cause determination. I'm linking you to them here. You can further narrow down the parameters of the search, but all of these should involve drug cases.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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