Fourth Amendment Right Violation

[BlackPeaceStone]

What is the name of your state? IL

I was arrested illegally and without a warrant by officers from Cook County at my job in Dupage County and as a result of this illegal arrest I gave statements to the police which later help convict me and send me to prison. My trial attorney did not think it was necessary to file a Motion to Quash Arrest and Suppress Evidence because he felt the case was a “slam dunk”. I have since been release from prison and appealing my criminal conviction. Now I would like to sue for my Fourth Amendment rights being violated. I have proof and have written my own Motion to Quash Arrest and Suppress Statements. I also have legal case law that will back me up on my Fourth Amendment right Violation. Do I still have a case even though I have been convicted in a criminal court? I would like to know is it wise to began my Civil Lawsuit while my Criminal Appeal is in process? How should I go about finding a good Fourth Amendment attorney?

 

[BelizeBreeze]

What is the name of your state? IL

I was arrested illegally and without a warrant by officers from Cook County at my job in Dupage County and as a result of this illegal arrest I gave statements to the police which later help convict me and send me to prison. My trial attorney did not think it was necessary to file a Motion to Quash Arrest and Suppress Evidence because he felt the case was a “slam dunk”. I have since been release from prison and appealing my criminal conviction. Now I would like to sue for my Fourth Amendment rights being violated. I have proof and have written my own Motion to Quash Arrest and Suppress Statements. I also have legal case law that will back me up on my Fourth Amendment right Violation. Do I still have a case even though I have been convicted in a criminal court? I would like to know is it wise to began my Civil Lawsuit while my Criminal Appeal is in process? How should I go about finding a good Fourth Amendment attorney?

If you wrote your motion like your wrote this post, you'll fail. Nowhere have you stated anything which would give rise to an illegal arrest.

 

[tranquility]

As to the civil suit, no. Conviction prevents any claim as to an illegal arrest.

As to the criminal, you would need to appeal your conviction. Since you are not in jail, if your attorney did not object to the arrest in some way you would, except for extreme fact situations, be prohibited from rasing the issue on appeal. If you were still being held by the government, the petition (Whatever the name of a habeous corpus petition is in IL.) has different rules and some new issues can be raised on certain facts.

Having the police from one county arrest you in another is not a 4th amendment violation. What are the facts you are basing the illegal arrest on?

 

[BlackPeaceStone]

Motion To Quash Arrest

1. A warrantless arrest made by a police outside his jurisdiction may constitute a valid citizen’s arrest, however, when outside his jurisdiction a police officer’s right to arrest is no greater than that of a private citizen. Therefore, and extraterritorial arrest will not be upheld if the arrest the officer use the powers of his office to obtain evidence not available to private citizens. O’Connor 167 ILL. App 3d 46-47.

2. Officers A and B introduced themselves as police officers and forced their way into a private office building with their weapons drawn, a right a private citizens does not have, they uses powers of their office to gain access to evidence not available to private citizens. An extraterritorial arrest is not valid under Section 107-3 if it is based on evidence or other information the officer acquired through an exercise of official authority while outside his jurisdiction. 14T Ill. 2d 382-83; People v O’Connor (1988), 167ILL. App. 3d 42, 46-47; Untied States v Hernandez (11th Cir 1983), 715F. 2d548, 551; Phoenix v State (Fla. 1984), 4555.7d 1624, 1024-26.

3. Jurisdiction of a police officer is limited to the geographical limits of the governmental unit where the police officer is employed (People v Marino 1980) 80 Ill. App3d 658,661.

4. Under the common law, municipal and county police officers had “no authority to arrest a defendant outside the territorial limits of the political entity which appointed them to their office.” People v Labor 147 Ill.2d379, 383, 589 N.E. 2d 539. The sole exception to this rule at common law was when the officers were in “fresh pursuit” of a suspected felon fleeing their jurisdiction. Lahr, 17 Ill.2d 38. The common law was modified by section 107-3 of the Illinois Code of Criminal Procedure, which provides:
“Arrest by private person. Any person may arrest another when he has reasonable grounds to believe that an offense other than an ordinance violation is being committed. 725 ILCS 5/167-3 (West 1996).”

5. Pursuant to section 107-3, a police officer outside of his jurisdiction may make a warrantless arrest if arrest constitutes a valid citizen’s arrest. Lahr, 147 Ill. 2d 382. When outside of his or her jurisdiction, a police officer’s right to make a arrest is no greater than the right of a private citizens. Lahr, 147, 2d 383-83. An extraterritorial arrest will not be uphold if in making the arrest the officers use the power of his office to obtain evidence not available to private citizens outside of his jurisdictions. Lahr, 147 IL. 2d 383. People v Niedzwiedz, 268 IL App. 3 d 119, 122 644 N.E. 2d 53 (1994).

6. “In sum we hold that a warrantless arrest effected by a police officer who asserts official to arrest which he does not have is nevertheless valid if an arrest made by a private person under the same circumstances would have been valid. As it is clear that the arresting officers here had reasonable grounds was committing a felony, the arrest was valid as an arrest by private persons.” Marino, 80 ILL, App. 3d 665.

7. Section 7-4-7 defined a “police district” as the territory “embraced within the corporate limits of adjoining municipalities within any county in this state.”

8. Section 7-4-8 provides “The police of any municipally in such a police district have full authority and power as peace officers and may go into any part if the district to exercise that authority and power.” ILCS 517-4-8 (West 1996).

9. Hickory Hills police were not authorized to exercise their authority outside of Cook County limits, absent an emergency, which admittedly did not occur here, Petioners arrest and the seizure of evidence in Oak Brook, Dupage County were illegal.

 

[BelizeBreeze]

Laches....you have no case.

 

[BlackPeaceStone]

Why no case?

 

[tranquility]

I ask for the *facts* and you quote me the *law*. Little snippets you think are applicable are not that interesting to me. Even if *everything* you just wrote appropriately applied the facts to the law to reach a result, where is the 4th amendment violation? At best, you may have demonstrated a false arrest under state statutes. (Which makes my civil response possibly incorrect. I was referring to a 42 U.S.C. 1982 suit for violation of civil rights. The state law claim may not be estopped because of conviction, but would make damages very hard to prove.)

Got it? Even if you are right in your analysis (Which I still doubt.), it means nothing under the 4th amendment. It is impossible to follow your logic until and unless you state the facts of the event. After that, if you are correct there is a 4th amendment violation which would require a supression of evidence (Just because there is a violation does not mean it is supressed. There are many exceptions to the fruit of the poisionous tree.), you *still* had to have raised the issue in court and have it denied before you can appeal. There are some exceptions, but don't hold your breath on them.

 

[CdwJava]

If you search further you are also likely to find that Illinois - like CA - can allow the chief executive officer of a jurisdiction to grant full authority within their jurisdiction. In my state it is 'pro forma' for a new chief execuutive to notify every other agency in CA that they can come into their locale and enforce the law. I will guess that there is a county or statewide system of agreements similar to that IF your analysys is correct and the officers are, essentially, normal citizens with guns oustide their primary jurisdiction.

- Carl

 

[BlackPeaceStone]

I was convicted of a felony crime that occurred July 13, 2004 in Hickory Hills, IL Cook County.
I was arrested without a warrant in Oak Brook, IL Dupage County by Hickory Hills Police Officers and brought back to Hickory Hills Police Station on July 15, 2004. There was no reasonable grounds that I was COMMITTING a felony. As a result of this arrest written statements were given which help lead to my conviction.


I am mainly concerned about a civil case. I have other grounds for my criminal appeal. Can this logic be used for a civil lawsuit? Even if I don't have a lawsuit did the police officers have a right to arrest me given the circumstances?

 

[CdwJava]

I am mainly concerned about a civil case. I have other grounds for my criminal appeal. Can this logic be used for a civil lawsuit? Even if I don't have a lawsuit did the police officers have a right to arrest me given the circumstances?

You will have to consult a local attorney as I do not believe any IL legal types follow this board regularly.

Using the example of my state which has laws quite similar to the one you cited, then so long as they could articulate the probable cause to believe you had committed a felony, they could lawfully make an arrest without a warrant. The issue of whether they coudl make entry to otherwise non-public areas of the business to make the arrest is a question for a court ... however, if the owner or someone with apparent authority to grant permission allowed them in, then they could likely make entry to effect the arrest.

If you are trying to do this yourself, you need to tread very carefully. Citing case law without the benefit of proper shepherding can be misleading and lead you to a wrong conclusion. Plus, you will find that there are other statutes and case law that tend to counter those cited. And if there is any sort of agreement similar to the one I mentioned that exists among IL agencies, then you are dead in the water on the jurisdiction issue. The issue then would only be whether they could lawfully make an arrest inside the business for the crimes alleged. A further complication would be the fact that it is not YOUR business and thus not your place to object to the officers' entry.

- Carl

 

[tranquility]

What was the crime? How did the police know where you were? Why did they arrest you? What portion of the buisness were you in? Did you have a right to be there? Why? Were you on parole or probation while there? How long before the arrest was the crime committed? There are many other questions as well. However, since you are reticent to state them (rightfully so, in my opinion) you are not going to get anything resembling a good answer.

As to the civil, arguendo, you have a case. What are your damages? How were you hurt because of the illegal arrest? Don't focus on the punishment as that was the result of the crime you committed. How were you hurt? How much money would make you whole? Why?

 

[BlackPeaceStone]

What was the crime? Residential Burglary
How did the police know where you were? I'm not exactly sure but I think one of my co-defendants who was picked up the previous day may have told them where I worked.

Why did they arrest you? The accuser said we took some stuff from her apt.

What portion of the buisness were you in? It is a tower with lots of office buildings. The company had there own floor in this building. I was actually in the middle of a training class when the officers came in with weapons drawn. They first spoke to our secretary and asked if they can speak to me and she paged me and I declined.

Did you have a right to be there? Why? Yes because that is where I worked and my company paid for the rent to be there.

Were you on parole or probation while there? No.
How long before the arrest was the crime committed? Approx 48 hrs.

There are many other questions as well. However, since you are reticent to state them (rightfully so, in my opinion) you are not going to get anything resembling a good answer.

As to the civil, arguendo, you have a case. What are your damages?
I lost my original job as a Software Consultant and I have dreams about the incident daily. The illegal arrest also lead to myself giving statements that were coerced.
How were you hurt because of the illegal arrest? Don't focus on the punishment as that was the result of the crime you committed. How were you hurt? How much money would make you whole? Why?
I was hurt emotionally, and financially. No money can make me whole and I am only suing to prove a point and to recompensate the pain and suffering that I suffered. After I was released I lost my job and it took me 6 months to find another. I have also forgot a lot of things I was taught in college, ie Computer Programming and I would like to take some courses over to get back to par. The police officers called my office and let them know what I was charged with and my company terminated me. I never committed the crime and this is part of my criminal appeal that the State did not prove its case beyond a reasonable doubt.

I'm sorry for not including all the right information as I am ignorant to what more details is needed to get a good response. Thanks again for those who replied.

 

[tranquility]

The story behind the arrest requires a conversation as important details are still missing. We are not going to come to conclusion as to what happened here. However, to the damages.

Did you lose your job because you were illegally arrested or because you were arrested for a crime? I believe it is the latter. (Unless it was because you were convicted.) This means the loss of the job would not be because of the illegal arrest and hence would not be damages.

When thinking about damages, try to seperate the parts that flow from the supposed illegal arrest and parts that flow from being arrested. Since you were convicted, we can assume you were going to be arrested at some point. Perhaps it was going to be when you left the building, or when you got home that night, or the next day when you were at the supermarket or after they got a warrant.

Once again, things that flow from you being arrested are not going to be damages as that was probably going to happen no matter what. Things that happened because you were arrested illegally will be your damages.

That was why I said things the way I have through the posts. Even if what they did was illegal, because of the conviction, it is hard to imagine what damages you could claim.

On a side note, failing to prove beyond a reasonable doubt is not going to win you a new trial. That's what the trial was to determine in the first place. Only if there was no rational basis for that belief could you win on that issue. From my reading, you have made incriminating statements in writing and have the testimony from a co-conspirator/actor against you. That alone, with nothing else, would doom the claim.

 

[CdwJava]

How can you say they did not prove their case beyond a reasonable doubt? You were convicted? You made a statement apparently incriminating yourself!

Hire another lawyer and see if there is anything to do, but it may be too late to raise any of these issues.

- Carl