Cook County Public Defenders Blog

After arresting the driver of a car the police may search that car….or maybe not. In Arizona v Grant,  2007 Ariz. LEXIS 73 the usually pro state Arizona Supreme Court said the following.”This case requires us to determine whether the search incident to arrest exception to the Fourth Amendment’s warrant requirement permits the warrantless search of an arrestee’s car when the scene is secure and the arrestee is handcuffed, seated in the back of a patrol car, and under the supervision of a police officer. We hold that in such circumstances, a warrantless search is not justified.”Not surprisingly, the U.S. Supreme Court has granted certiori at 2008 U. S. LEXIS 2022. Until such time as the U.S. Supreme Court explains how the Arizona court’s clear reasoning is in error, members should raise this issue in car search cases.

The First District Appellate Court reversed last week’s TRO entered by Judge Riley.  The County has indicated it will have a hearing on the Removal Resolution on the 20th of May.  The story, as reported in the Sun Times by Steve Patterson can be read by clicking here.   On a related note, the County Board defeated a proposal by Claypool, Quigley and Suffredin to have a hearing which accords due process.  Take a look yourself at item 8.  

Judge Riley entered an order enjoining the President of the Cook County Board from proceeding with a hearing to remove the Public Defender.  The TRO was granted after Ed Burnette was allowed to intervene in the pending litigation in the Chancery Division where the litigation seeks declaratory relief as to the office’s independence from political influences in staffing by virtue of the public defender statute.  As a consequence, please do not attend the previously scheduled hearing before the County Board which was going to be held on Wednesday, May 7, 2008.  A hearing on whether the TRO will become a permanent injunction is set for 2 pm on May 9th, 2008 before Judge Riley.

 ATTENTION ALL MEMBERS:

************TRO was reversed on appeal.  Please see story in the In the News Section **********

FIRST DEFENSE LEGAL AID

Cordially invites you to join us
in honoring our
2008 First Defender
LOCKE BOWMAN
Clinical Associate Professor of Law
Northwestern University School of Law
Director, MacArthur Justice Center

Thursday, May 29, 2008
generously hosted by
Jenner & Block LLC
330 North Wabash Avenue
40 South Lounge
Chicago, Illinois
5:30 p.m. – 7:30 p.m.
Refreshments and hors d’oeuvres will be served

Sponsorship Levels
$5,000 • Platinum
$3,000 • Gold
$1,000 • Silver
$ 500 • Bronze
$ 250 • Supporter
Individual Donation
$50
Student / Public Interest Donation
$25

Do not hesitate to pass along this invitation to other supporters!

Please make checks payable to “First Defense Legal Aid” and send to:

First Defense Legal Aid | 6400 South Kedzie Ave.| Chicago, IL 60629 (773) 434-4162 | Email: fdlegalaid@gmail.com

Or go to our website and donate using your credit/debit card:

http://www.first-defense.org/AboutUs.htm

About First Defense Legal Aid

First Defense Legal Aid (”FDLA”) is an innovative program that protects civil rights by offering free 24-hour legal representation and advice to any individual taken into Chicago Police Department custody. The Program’s services cover the initial and most critical stage of police detention: immediately after arrest until the time when a public defender has been assigned by the court system. Volunteers are trained to handle emergency calls by determining the nature of the call and whether a station visit is necessary to represent the individual in police custody. If a station visit is necessary, FDLA volunteers will interview the arrestee, inform the arrestee of his/her constitutional rights, provide the arrestee with bond information, and serve as a link between the arrestee and his/her family.

Our History

First Defense Legal Aid began in 1995, as a program of the Chicago Commons Association. It was originally named the “Police Custody Hotline Program”, but the name was quickly changed to First Defense Legal Aid at the request of community residents. FDLA became an independent corporation in 2002, and a 501(c)(3) organization in 2003.

Board of Directors                  Advisory Board                      Honorary Board

Sulaiman M. Qazi                       Jeff Brown                                Locke Bowman

Chairman                                  Patricia Smith                            Carol A. Brook

Michael Wilson              Richard Dvorak              Edwin A. Brunette

Treasurer                                   Craig Futterman             Kenneth L. Cunniff

Carolyn Gold Aberman    Scott Levy                                 John Fitzgerald

Secretary                                   John Lyke                                 Richard S. Kling

                                                Dev Parikh                                Andrea D. Lyon

Harriet McCullough                    Zenaida Alonzo               Terence F. MacCarthy

Sean P. MacCarthy                     Shaena Fazal                              R. Eugene Pincham

Scott T. Kamin              Theodore Woerthwein    Randolph N. Stone

Jonathan Peck                Wayne Novak                            Scott Turow

Kristine Neal                              Michael Finn

Jessica Hunter                Tony Hill

Nikol M. Miller                           Elfreda Dockery

Staff

John Hayes

Executive Director

Julia Sportolari

Development Director

Cook County Public Defender Ed Burnette is going to court on Friday to get a TRO against the County Board.  Here is a story from the Daily Herald.  Or read the story from the Daily Law Bulletin.  Or the story in the Sun Times by Steve Patterson.