Chicago Prosecutor Pushing Back on Investigative Alerts
A push back on appeals court judges in the First District by Cook County State’s Attorney Kim Foxx could push the issue of investigate alerts to the Illinois Supreme Court. This after opinions on a petition to rehear a case decided earlier this year reflected the split among the same three-member over the Constitutionality of warrantless arrests. In July, appeals court judges ruled 2-1 that the practice used for decades by cops in Chicago to make arrests without obtaining warrants or seeing suspects in the commission of crimes violates 4th Amendment protections against unreasonable seizure. The CPD quit issuing investigative alerts in the wake of the ruling, ending a practice that critics say costs taxpayers millions.
The subsequent opinions written in response to the request by Foxx’s office point to the state’s use of affidavits in issuing warrants, a standard that is more rigorous than the US Constitution’s requirement that officers need only provide sworn testimony before a judge when seeking a warrant. They added that because the case in question saw a man arrested who was not in commission of a crime, they rendered the office’s reference to case law from 1930 in support of alerts as unfounded. The state also begged a so-called good faith exception for incriminating statements Cordell Bass made to cops after he was picked up in 2014 during an unrelated traffic stop. That practice allows prosecutors to present evidence at trial if rules about the way it is gathered change before a case is heard.