Investigative Alert? Gone!
- A divided Illinois appellate court on Thursday struck down a longstanding Chicago police department practice in which supervisors could order police to arrest suspects they encounter on the street without the need for a search warrant or the officer observing any crime.
That practice, called an “investigative alert,” violates the state constitution by obtaining “approval for arrests without the one thing the framers of the Illinois Constitution thought most essential—the presentation of sworn facts to a judge,” states the majority opinion, authored by Illinois Appellate Judge Michael B. Hyman.
Hyman noted the issue was not one of speed: “The alerts are not issued instantaneously; in many cases, investigative alerts take the same or more time to procure than a warrant.”
While such an arrest might be warranted under the U.S. Constitution, which focuses on whether probable cause existed at the time of arrest, the majority focused on the more narrow interpretation of search and seizure law under the Illinois constitution.
So the leeway granted under the US Constitution is tossed to the side while the Illinois Supreme Court grants even more freedom to the lawbreakers.
Expect arrests to plummet even further when even more victims don't want to stick around or appear in court to swear out an actual warrant.
In completely unrelated and un-coincidental news, Groot and other assorted lib-tards are still supporting anonymous complaints against police officers, disregarding the Sworn Affidavit law - you know, like actually swearing to the facts.
Expect arrests to plummet even further when even more victims don't want to stick around or appear in court to swear out an actual warrant.
In completely unrelated and un-coincidental news, Groot and other assorted lib-tards are still supporting anonymous complaints against police officers, disregarding the Sworn Affidavit law - you know, like actually swearing to the facts.
Labels: department issues, un-fucking-believable
posted by SCC at 12:04 AM
110 Comments:
We are the only department that use IAs. It was flawed and not reliable. Had they corrected it years ago this would have never happened.
Nice to see that 2 of the lt list merit picks were submitted by civilians. Still cant believe that the building engineer got one of her picks approved couple lists ago. Pathetic
The IL Supreme Court might reverse this ruling from the appeals court...
Seems two of the three justices on appeal are SJWs looking to make the law as they see fit. Read the dissent:
"But Mason, in her own opinion, wrote, “The source of these “facts” is undisclosed, and the majority’s reliance on them is improper.”
She concluded, “I can discern no apparent explanation for the conclusion that this case at this time presents the ideal opportunity to resolve a constitutional issue of first impression raised sua sponte by the majority. For all of the foregoing reasons, I respectfully dissent.”"
Aside from PC, all IAs are on signed compliants, no different then any arrest while working the street. By that standard are all arrests unconsitutional without a warrant? does every arrest now need to be reveiwed by a court before it can be effected? Wtf was this judge thinking..
It's already an ordeal to get the ASA to approve an arrest warrant in Cook County (While the rest of the State it's not). Now no more I.A.'s. Can they tie the hands of the Chicago Police Anymore?? Just wait and see how much crime is going to go up....nobody is going to do sh$# anymore,...it's simply not worth it.
LMAO awesome. Clearance rates will be what now?? LMAO
So now the detectives are going to swarm the courthouses and get tied up all day to obtain warrants for IA cases. What about all the work done on current IA’s w/PC? What a mess. Another tool taken away from the toolbox, but they still want us to build the house.
before inv alerts they were called Stop Orders. They only exist because states atty office would not give us warrants. Another result of politics. Felony review unit is the same thing.
This will be one of the final nail in the coffins of Detective work in this shithole state and city. Unless there is some sort of MOVEMENT by them clowns in the State Attorney office the clearance rate is going to plummet to like 3%.
I'd like to see how FOXX is going to adjust to this now.
SCOTUS gives Pres. Trump the okay to continue building wall on Mexican border.
Groot and her libtards....
Reminds me of the English class in Stripes..
Repeat after me,
DA DO RON RON
OUCH
expect that 3% murder clearance to be 0.5 percent.
Maybe they can update the report system while they wipe out that section.
Now will all the old alert be erased or force to get warrants? Special ED is a great leader Throw in GROOTs bug eyed toughness and the future looks bleak.
So im guessing that the ole narrative of
Victim has signed a complaint is valid too...You will notice that thye article does not say who fought for the investigative alert.
This has KIM FOXXs stick all over it.
No signed complaint, no arrest.
Just another reason to move from this pro-criminal, anti-police State of Illinois!
I tell people all the time to get a CCL. Practice shooting!
At least we have the 2nd Amendment to the U.S. Constitution!
Kwame Raoul? He is the forgotten social reformer.
This state is run by the mob and gangs. SAD.
From CWB:
(Last week) a 30 yr old man caused $28K worth of damage
by throwing rocks at high rise building windows.
Poverty causes big money these days. Sick fucks, no job,
positive past drug abuse. But it takes a village. Yeah, the
village jail. Oh he slipped on a bar of soap? Communion
pics, graduation pics. Strip club pics.
And the Hits just keep on Coming !
If I was called to give a standby on a complaint that is anonymous , I wouldn’t and show them the law. They can’t pick and choose what laws they re going to enforce. I would take that to court.
What Chicago needs are written warnings on tourist adds to include that The South and West sides of Chicago are high crime areas and should be avoided unless you are armed for self protection.
Why is everyone getting upset? All these libtards and sjw with their policies, who are they really hurting and affecting? The communities that hate the police, so let them at it! Who really cares anymore.
It's gonna suck to be a criminal lawyer, there won't be any criminals to defend. Instead they will roam the streets of Chicago.
I will not protest the acceptance of anonymous complaints against the police as soon as the city changes the law and allows anonymous complaints to be made against aldermen or the mayor. Fair is fair.
Since when does an oath matter to a member of the communerty. "All pooleece be racis."
I have a simple fix if the anonymous complaint gets allowed. Every single cop should get all his friends and relatives to make anonymous complaints about him. Let's say 10,000 cops get 10 people each to complain. That would flood Groot's minions with too many complaints to manage. Just make sure the complaints can be shown as bogus. Like about something you allegedly did to a member of the community in the 5th while you were on patrol in the 16th.
Emptying the tool box.
They got this wrong. An arrest is based on probable cause. The supreme Court says prolly cause does not dissipate. Once there is probable cause, there will always be probable cause, the passage of time is irrelevant. Expect this one to go to the higher Court.
Appellate Court Justice Hyman wrote that opinion. He’s a complete moron. He’s also as liberal, progressive, and anti-cop as they come. A far left social justice warrior. Thanks Hyman.
This job gets easier and easier.
Does this now mean that all of the people that are currently in jail or prison based on “investigative alerts” ding issued by detectives in cases will be able to challenge their arrests in court. Will Kim Foxx release all of the offenders from the county who are awaiting trial whose cases involve “IA’s?”
3%, 9% what's the difference if 97 or 91% get a2ay with Murder in Chicago. They are killing each other, as long as it stays that way who really cares. Bet 95% of those arrested were let out on an I bond anyway. Nothing to see here or get upset about. Tak3 a deep breath and let it out, there feel better now.
Good more Fetal time nowith. Less chance of a confrontational arrest.
Are they immediately null and void? It's not like those criminals are not wanted.
So now the detectives are going to swarm the courthouses and get tied up all day to obtain warrants for IA cases. What about all the work done on current IA’s w/PC? What a mess. Another tool taken away from the toolbox, but they still want us to build the house.
7/27/2019 01:22:00 AM
———
Lol! With our ASAs? You are not getting any warrants.
ssc who cares i just answer my calls and go home i dont have enough clout to get promoted to detective anyways
Honestly, who give a f@&!! Actually keeps making my job easier and easier! Love it
Off topic but do you want to guess how much manpower, including 1800, was used with a group of 50 or so urban youth leading us around
Chicago & Michigan like a bunch of Sheepdogs? There were so many beat numbers flying around Zone 4 I lost count.
SCC,FYI,,the second audio/video is out on the Commander WODNICKI indiana state police chase,I do not know how to send it,CBS news had it,it was pretty damning..
All IA’s with PC have been taken out of the system.
Times are a changing. Believe this is a good change. Might slow down the hard chargers.
So an arrest made through an “investigative alert” complies with the U.S. Constitution but not the Illinois Constitution, which is stricter as it requires a Warrant for all arrests.
Okay... but what about that Supremacy Clause thingy?
---> Article VI, Clause 2 states: The Constitution, and all laws made in pursuance thereof,, etc etc ..shall be the supreme law of the land and the Judges in EVERY STATE shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. <---
In plain English, that means the US Constitution takes precedence over any State Law and/or State Constitution. And any Decision by SCOTUS is included in the Constitution.
I'm NOT a lawyer but you don't need to be one to know basic civics and about the Supremacy Clause. If Cook County had a real States Attorney they should appeal this ruling to the 7th Circuit (United States Court of Appeals for the Seventh Circuit).
ps: Interesting find; Justice Brett Kavanaugh is now the Circuit Justice for the 7th Circuit.
Anonymous said...
It's already an ordeal to get the ASA to approve an arrest warrant in Cook County (While the rest of the State it's not). Now no more I.A.'s. Can they tie the hands of the Chicago Police Anymore?? Just wait and see how much crime is going to go up....nobody is going to do sh$# anymore,...it's simply not worth it.
7/27/2019 12:41:00 AM
The real fault lies with the cook county states attorneys office which will not give detectives warrant approval. They wanted these stops so they could reject the charges once the offender is brought in. With a warrant the offender goes straight to court.
Who cares don’t arrest anybody these days
Hopefully theyll get rid of dispersals, hotspots, ISRs and TRRs
These cocksuckers have an air about themselves, along the lines that only they, the privileged who have attended law school, are capable of passing judgment on whether or not probable cause exists to place someone into custody and charge them with a crime. Lawyers will always try and figure out a way to make other lawyers money.
Why arrest anyone anymore. Fuck it all.
So now the detectives will have to go out and either arrest or interview the offender instead of having him brought in?
So now the detectives are going to swarm the courthouses and get tied up all day to obtain warrants for IA cases. What about all the work done on current IA’s w/PC? What a mess. Another tool taken away from the toolbox, but they still want us to build the house.
Unfortunately the States Attorneys Office has always been stingy with a warrant. At least for violent crimes. Their take was that if they issued an arrest warrant the suspect could no longer be held or spoken with at the area. It was an automatic CB with IR and off to jail.
Do you really think demorats want crook county to have equal justice think again, the laws of blind justice have swung in favor of the criminals and the politicians this county is doomed until the population realizes that the police are not the problem but the socialist politicians are who are aimed at destroying law and order all in favor of a vote
Now that we’re completely handcuffed can the cement shoes be too far off??
So, am I reading this right? A known offender of an actual crime, upon which there are signed complaints by a victim, which is posted on an investigative alert, is NOT ABLE to be arrested anymore unless/until a warrant is obtained?
So probable cause is also no longer enough to warrant an arrest?
If that's true, where are we heading here? A complete shutdown of any law and order in this city?
Only 2000 cops in patrol responding to jobs you think we need MORE arrests to sit in the station on paper while the district burns. More arrests equals less visibility. I know what you’re thinking, it’s what we signed up for... no shit Sherlock, but so did every other sworn officer on this job(the caps dollies, commander’s crew, etc etc).
BTW why does CAPS order a beat car to guard them at their beat meetings? Having to leave the station once a month can be really intimidating, I realize that, but you're the police. So do your job and conduct those hour long meetings. 4 cAppers is enough at a meeting you don’t need 7.
Why care, keep doin nothing they will only want to sue u.
challenge challenge challenge! that court ruling!
What is FOP going to do about this!?
This is typical of Illinois Appellate Court Justice Michael Hyman. He is about as far left leaning as one can be and is no fan of law enforcement. This can and should be appealed to the Illinois Supreme Court and should be reversed. Arrests need only be supported by sufficient probably cause - plain and simple.
IA’s were unconstitutional to begin with. A warrant was always the correct way - even though it is cumbersome.
It is still BS that anonymous complaints can be filed against officers, with no consequence for lying. Total BS
Makes it easier. Here’s your copy warrant advised.
So are we having judges available 24/7 for all these arrests warrants to be sworn? Crime doesn't sleep. Aren't we all supposed to be working together to protect the community?
Not sure, it’s been awhile - but IA never had “arrest on sight” condition written into them, I believe these alerts just ask for a notification to the Area/agency.
Being that, is it that when an Investigative Alert dude is found on a street stop (pc) and that leads to voluntary detainment or a relocation leads to an arrest? The “named in a case report” would be another example though not a IA would need a warrant and become false arrest (lawsuit).
Jae-Bae Pigster & GrootLoafers will be elated and welcome the community hopes and changes.
Oh my, that pesky probable cause, it’s putting too much stress on the feral miscreants liberties and goins’about.
Soon they feral won’t have to run and cause chase.
Untouchable.
Warrants won’t be as generous, maybe even eliminated (how busy is the warrant office - even 20 years ago) or courts will just give 10 passes before ordering up a BFW.
If that is doesn’t work, I’m sure Sanctuary IL soon make pc invalid too.
No longer need to adhere to that old white colonial LEO Code of Ethics...it’s the 21st Century of Hopes and Fundamental Change.
The humps at FAU will now be getting credit for a warrant arrest instead of Part 1 in which they had no part in investigating.
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The judge is wrong. A watch commander had to approve the alert and a Watch Commander still has to approve the subsequent arrest.
This is retarded.
A dispute over validity under the state constitution? Sounds ripe for an IL supreme decision.
I don't have a dog in this fight, and I don't come down on one side of the issue or the other, but I have to ask:
Are "Investigative Alerts" resulting in arrests provided for under any statutes in the state? And as was pointed out in original post by SCC, it can take awhile to get an IA issued, which in a sense obviates the need to have a mechanism for them in the first place. Why not just get the warrant and have it on record, which not only covers all the bases legally as far as effecting an arrest but also will be triggered if another agency outside the jurisdiction of Chicago comes across the suspect, and can then arrest and hold him/her until they can be retrieved.
Just a thought.
That's what happens with democrapic judges.
taste of melrose park is labor day weekend
for a great family time
be there
So as I read the decision .. you are the victim o a battery.. you id the suspect... the police cannot arrest based on your observations aS the victim you have to have a warrant? I know a lot of states you cannot arrest on a misdomener without a warrant but a felony?
gonna be a lot of folks pissed...
or tAKE JUSTICE into their own hands.
To the poster who said IA’s are flawed. You don’t know shit. IA’s with probable cause all have signed complaints. I guess you can no longer arrest a named offender in a case reporting. This will definitely affect the numbers.
There should be a room at 26/cal dedicated to only warrants, but between all the assholes ruining cook county, Evans and Foxx in particular, it’s never gonna happen.
Restorative justice strikes again.
All misdemeanors should be sent to court for a summons. Dets should only follow up on felony cases. If more info is needed, let tact work on the misdemeanor cases too since they won’t be making arrests for dope. But in the end, let the complainant do the work. The new Chicago way.
First they close Belmont/Western courthouse making it harder for tax paying citizens to obtain justice, now put it in their hands to obtain a warrant. Oh well, those tax payers voted for this in the first place. Next they will move out and ruin the next community they move to.
I'm confused, it's been a common practice in Chicago for as long as I can remember, and im on my way out. This is my last year, I've had enough. Let's not forget CALEA came to town with the its "Best Practices" approach, CALEA bless this Investigative Alert. Finally the current Superintendent sign off on this order back during 13th Period 2018. I'm sure the Office of Legal Affairs weighed in on it. We are all under the guidelines to be in compliance in the next 28 days because it is Mandatory Monthly training or face disclipary action. I'm I missing something, but when they were called Stop Orders was there a challenge then. Assuming that it was challenged then they must have gone to the table and they came back with the IA Directive. This must of met the Judiciary-Muster.
to comply by th
Many state constitutions are stricter then the U.S. constitution regarding rights of people. The states are allowed that under the principle of federalism.
Their setting Lightfoot up to be a failure like Dinkens so Patrick Daley Thompson can be Mayor
So, if IA are dead then so is picking up someone named in a case report that’s more than an hour or so old. Can’t do a show up than you probably will have to get a warrant.
This is good. One less thing for me to potentially address when i'm trying to stay fetal.
I have a simple fix if the anonymous complaint gets allowed. Every single cop should get all his friends and relatives to make anonymous complaints about him. Let's say 10,000 cops get 10 people each to complain. That would flood Groot's minions with too many complaints to manage. Just make sure the complaints can be shown as bogus. Like about something you allegedly did to a member of the community in the 5th while you were on patrol in the 16th.
The problem with that plan is that now your folder has a sh!tload of complaints in it. If you end up in Fed court (they don't like you there either) you will be painted as an AH. And the reason the complaints went nowhere is evidence of a code of silence conspiracy
7:32 pm
Patrick Daley Thompson is already under investigation for Washington Federal. He’s the next shoe to drop. Boom it.
So now the merit hack who youvthing is clueless is good for the ok to pull someone in? Come on!
Anybody have the lt’s list? Asking for a friend.
The real fault lies with the cook county states attorneys office which will not give detectives warrant approval. They wanted these stops so they could reject the charges once the offender is brought in. With a warrant the offender goes straight to court
No, this just gives you the legal authority for the arrest, you’ll still have to present the case , but now have 72 hrs instead of 48.
Only 2000 cops in patrol responding to jobs you think we need MORE arrests to sit in the station on paper while the district burns. More arrests equals less visibility. I know what you’re thinking, it’s what we signed up for... no shit Sherlock, but so did every other sworn officer on this job(the caps dollies, commander’s crew, etc etc).
BTW why does CAPS order a beat car to guard them at their beat meetings? Having to leave the station once a month can be really intimidating, I realize that, but you're the police. So do your job and conduct those hour long meetings. 4 cAppers is enough at a meeting you don’t need 7.
It’s becoming a joke if CAPS needs a squad to guard them. If something happens , they can take action
The humps at FAU will now be getting credit for a warrant arrest instead of Part 1 in which they had no part in investigating
Credit, hahaha who the fuck cares ....
What is FOP going to do about this!?
7/27/2019 11:14:00 AM
Come to the Golf Outing on August 28th and find out.
taste of melrose park is labor day weekend
for a great family time
be there
7/27/2019 03:01:00 PM
You’ll be Day Off Cancelled
No beat cop actually cares. Just fill in jobs assigned box and call it a day. Easy 90k.
Didn't Stop Orders state: Probable cause to arrest?
No Probable cause to arrest?
Anonymous Anonymous said...
The humps at FAU will now be getting credit for a warrant arrest instead of Part 1 in which they had no part in investigating
Grow up. You find the offender and then you can have all the credit you want, but then again, if you could find them there would be no need for an IA.
Anonymous said...
So, if IA are dead then so is picking up someone named in a case report that’s more than an hour or so old. Can’t do a show up than you probably will have to get a warrant.
———-
Read the General Order for photospreads, or just let the detectives handle it
So an arrest made through an “investigative alert” complies with the U.S. Constitution but not the Illinois Constitution, which is stricter as it requires a Warrant for all arrests.
Okay... but what about that Supremacy Clause thingy?
---> Article VI, Clause 2 states: The Constitution, and all laws made in pursuance thereof,, etc etc ..shall be the supreme law of the land and the Judges in EVERY STATE shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. <---
In plain English, that means the US Constitution takes precedence over any State Law and/or State Constitution. And any Decision by SCOTUS is included in the Constitution.
I'm NOT a lawyer but you don't need to be one to know basic civics and about the Supremacy Clause. If Cook County had a real States Attorney they should appeal this ruling to the 7th Circuit (United States Court of Appeals for the Seventh Circuit).
ps: Interesting find; Justice Brett Kavanaugh is now the Circuit Justice for the 7th Circuit.
Wrong read Michigan v long...
No problem. One less thing to do.
You say legal I say unconstitutional. Judge agrees with me.
1st and the 16th.
Stay safe.
Only 2000 cops in patrol responding to jobs you think we need MORE arrests to sit in the station on paper while the district burns. More arrests equals less visibility. I know what you’re thinking, it’s what we signed up for... no shit Sherlock, but so did every other sworn officer on this job(the caps dollies, commander’s crew, etc etc).
BTW why does CAPS order a beat car to guard them at their beat meetings? Having to leave the station once a month can be really intimidating, I realize that, but you're the police. So do your job and conduct those hour long meetings. 4 cAppers is enough at a meeting you don’t need 7.
It’s becoming a joke if CAPS needs a squad to guard them. If something happens , they can take action
OP is correct, I’ve seen it myself. That’s in 016 of all places!
If anonymous compmaints can be used i suggest we use that to our advantage. Lets call it gold star complaints.
Make paper, take your time to get the facts, obtain signed complaints, engaged your supervisors as needed and work at a pace that is required to successfully complete the job. If you rush to finish a job you may make a mistake and be called for it. Best be thorough and complete on each job. Give the Community the police service it wants and deserves.
Dude, Inc. will ensure there are plenty of jobs to keep you busy.
Where is the 72 hour rule with a warrant written? We have all parroted it for years but I can’t find anything on paper.
Well, Detectives will now get even more, or will it be less overtime ? What will it be ? It seems the more Red-Tape involved, the more OT, and the more the Chicago Taxpayers get raped and have to pay for this nonsense..
Ralph Papa Thorson Says :
Illinois needs to legalize Fugitive Recovery Agents ( Bounty Hunters), to do the job the cops no longer have time to do, rounding up the thousands of predator criminal offenders who have jumped bail and are out loose on our streets, causing mayhem, selling dope, and committing numerous felonies while out about on the loose. Think about it.
If you go by the logic of the Courts then can the same logic be said of Look Out Messages? You respond to the scene of where a victim of a crime gives you a description of the offender(s) If we are to use the court's logic then how can we arrest someone who matches the description of a crime in a look out message?
Illinois needs to legalize Fugitive Recovery Agents ( Bounty Hunters), to do the job the cops no longer have time to do, rounding up the thousands of predator criminal offenders who have jumped bail and are out loose on our streets, causing mayhem, selling dope, and committing numerous felonies while out about on the loose. Think about it.
7/28/2019 01:52:00 PM
a few years ago, when Dart was relatively new in his job, the Cook County Sheriff's website listed people who had warrants. There were almost 50,000 names on that website. That data base is no longer available to the public. Imagine that! Almost 50,000 outstanding Cook County Warrants. i wonder how many there are now? The police department got rid of their warrant officers in each district years ago. Who is looking for these people? Anyone?
Case should go to the Illinois Supreme Court, because so long as probable cause exists, you don't need a warrant in the first place! If you can't show a judge you have p.c. then you can't get a warrant anyway. Wowzers!
To the poster that said: "To the poster who said IA’s are flawed. You don’t know shit. IA’s with probable cause all have signed complaints. I guess you can no longer arrest a named offender in a case reporting. This will definitely affect the numbers." You don't know shit too
justice hyman is on the appellate court by appointment and is planning to run in the democratic primary next march to remain on the appellate court, he hired gator bradley as campaign manager when he ran for judge. remenber this opinion on primary day.
Anonymous said...
Anonymous Anonymous said...
The humps at FAU will now be getting credit for a warrant arrest instead of Part 1 in which they had no part in investigating
Grow up. You find the offender and then you can have all the credit you want, but then again, if you could find them there would be no need for an IA.
7/28/2019 01:27:00 AM
You act like your Tommy Lee Jones in The Fugitive. You log into Accurint and knock on doors and do writs in on people in county(detectives already have charges approved). You're not doing shit.
Only 2000 cops in patrol responding to jobs you think we need MORE arrests to sit in the station on paper while the district burns. More arrests equals less visibility. I know what you’re thinking, it’s what we signed up for... no shit Sherlock, but so did every other sworn officer on this job(the caps dollies, commander’s crew, etc etc).
BTW why does CAPS order a beat car to guard them at their beat meetings? Having to leave the station once a month can be really intimidating, I realize that, but you're the police. So do your job and conduct those hour long meetings. 4 cAppers is enough at a meeting you don’t need 7.
It’s becoming a joke if CAPS needs a squad to guard them. If something happens , they can take action
OP is correct, I’ve seen it myself. That’s in 016 of all places!
In 016. You have to be kidding.
Thank god I don’t have to do those anymore among other things. Praise the democrats!
It’s becoming a joke if CAPS needs a squad to guard them. If something happens , they can take action
OP is correct, I’ve seen it myself. That’s in 016 of all places!
In 016. You have to be kidding.
7/29/2019 12:12:00 PM
Some of the areas of 016 are not that great. And As everyone here likes to point out...
The cops in the CAPS office 'are not the real police' so a Beat Meeting is a soft target, so a squad to sit on the box.
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