Just gave interview to the American edition of the Voice of  Russia Radio on today's United States Supreme Court's decision regarding the taking of DNA mouth swaps in Maryland v. King, 569 U.S. __ (2013). For more about the decision, see the blog entry listed below at http://www.lorilevinlaw.com/2/post/2013/06/united-states-supreme-court-decision-on-dna-samples-from-arrestees.html

Lori G. Levin
Attorney at Law
180 N. LaSalle, Suite 3700
Chicago, IL 60601
888-748-4095
levin@lorilevinlaw.com
www.lorilevinlaw.com

   Today, the United States Supreme Court approved the ability of the police to obtain DNA samples from persons they have probable cause to arrest and process for serious offenses. In Maryland v. King, 569 U.S. ___ (2013), which may be found at http://www.supremecourt.gov/opinions/12pdf/12-207_d18e.pdf#page=1&zoom=auto,0,792, the court forged new law.
    The opinion was a split 5-4 opinion and ruled that the taking of DNA samples was akin to photo comparison, matching gang tattoos and fingerprint comparison. The Court stated that "(t)he advent of DNA technology is one of the most significant scientific advancements of our era. The full potential for use of genetic markers in medicine and science is still being explored, but the utility of DNA identification in the criminal justice system is already undisputed."
   The Court approved the process of the Maryland statute at issue. That statute allowed law enforcement to collect DNA samples from one charged with a crime of violence. The crimes listed under the statute included murder, rape, burglary and attempt burglary among other serious offenses. The DNA sample could not be processed or placed into the database absent consent  before a finding of probable cause to detain the individual on a qualifying serious offense. DNA samples, under the statutory scheme, are destroyed if there is a finding of no probable cause, the criminal action does not result in a conviction, the conviction is reversed or vacated and no new trial permitted or the individual is given an unconditional pardon.
   The statute permits a swabbing on the inside of the cheek of a person arrested for one of the enumerated serious crimes. The Court stated that such an intrusion was less serious than taking blood, which might entail the necessity of a search warrant.
    The rationale for its decision was that law enforcement needs a safe and accurate way to identify persons taken into custody,  that it was a valid search incident to arrest, that a person's past conduct is essential to determine dangerousness when setting bail,  and that the intrusion is minimal among its reasons.
   It should be noted that Justice Scalia wrote a scathing dissent that was joined by Justices Ginsburg, Sotomayor and Kagan. He wrote that the Fourth Amendment "forbids searching a person for evidence of a crime when there is no basis for believing the person is guilty of the crime or is in possession of incriminating evidence." He further stated that  "(t)hat prohibition is categorical and without exception." He stated that no such non-investigative rationale exists for the Maryland statute.
    This decision is clearly important and may change the future of Fourth Amendment jurisprudence. 

Lori G. Levin
Attorney at Law
180 N. LaSalle, Suite 3700
Chicago, IL 60601
888-748-4095
levin@lorilevinlaw.com
www.lorilevinlaw.com

   Recently, I taped two Illinois State Bar Association cable television shows on "Preparing Your Young Adult for College, Part 1 and 2." The first of these shows will air on Chicago Access Network Television, Channel 21 on June 4 and 18 at 10 pm. The second will air on June 11 and June 25 at 10 pm.
    Although the shows address many of the legal issues pertaining to young adults who are living away from home for the first time, the shows also include alcohol offenses, driving offenses, criminal justice and safety issues.
   The shows are also scheduled to air on YouTube.

Lori G. Levin
Attorney at Law
180 N. LaSalle, Suite 3700
Chicago, IL 60601
888-748-4095
levin@lorilevinlaw.com
www.lorilevinlaw.com
https://www.facebook.com/pages/Lori-G-Levin-Attorney-at-Law/210343479896

     Today, I will moderate an all-day continuing education program on "Criminal Law: Back to Basics." The Illinois State Bar Association seminar will feature such topics such as case law and legislative updates, pre-trial motions, jury selection, guilty pleas and hearsay and constitutional issues.
     As I have stated elsewhere on this blog, continuing legal education is crucial for attorneys to effectively and thoroughly represent clients. As outgoing Chair of the Illinois State Bar Association's Standing Committee on Continuing Legal Education, the committee and I have emphasized back to basics programming to help achieve this goal.
     I look forward to moderating this excellent program.

Lori G. Levin
Attorney at Law
180 N. LaSalle, Suite 3700
Chicago, IL 60601
888-748-4095
levin@lorilevinlaw.com
www.lorilevinlaw.com

     Last week, the National Transportation Safety Board recommended that the nation move towards zero tolerance with respect to drinking and driving. The NTSB made numerous recommendations including reducing the acceptable level of blood alcohol concentration from 0.8 for adults over 21 years to 0.5. (Zero tolerance is in effect with respect to lower BAC levels for those under 21.)
     Additionally, the report recommended that states conduct high visibility enforcement of drunk driving laws, expand the use of in vehicle devices to prevent driving by an impaired driver, using special courts to reduce recidivism and establishing evidence based practices to measure and track progress of goals.
     The NTSB's report has only persuasive value; it seeks to have the National Highway Traffic Administration support its efforts by providing incentive grants to states who follow its recommendations. The full NTSB report may be found at http://www.ntsb.gov/doclib/reports/2013/SR1301.pdf.
     Although it took more than 20 years for the NTSB's recommendation to lower acceptable BAC levels from 1.0 to 0.8, the safest course for individuals is to not drink and drive. Considering the current BAC level of 0.8, there are many factors that may impact and cause a higher reading.  Should you be pulled over by the police, contact an experienced defense attorney immediately prior to performing any tests. The decisions you make may impact your future.

Lori G. Levin
Attorney at Law
180 N. LaSalle, Suite 3700
Chicago, IL 60601
888-748-4095
levin@lorilevinlaw.com
www.lorilevinlaw.com
   

   This week, the Department of Justice's Bureau of Justice Statistics released a report on "Firearm Violence, 1993-2001," http://www.bjs.gov/content/pub/pdf/fv9311.pdf, which seemingly refutes the public's perception regarding firearm violence. The report indicated that both firearm related homicides and non-fatal firearm crimes are significantly down during the time period examined.
   The report was primarily based on the Bureau of Justice Statistics' National Crime Victimization Survey but also took into account information from the School-Associated Violent Deaths Surveillance Study, the FBI's Supplemental Homicide Reports, the Survey of Inmates in State Correctional Facilities and the Survey of Inmates in Federal Correctional Facilities.
 Since some of the data is based on self-reporting information, it is difficult to determine the efficacy of the report.
   The highlights of the report indicated, in part, that firearm related homicides declined 39 percent from 1993 to 2011 and non-fatal firearms crimes declined 60 percent during the same period. BJS further reported that firearm violence accounted for about 70 percent of all homicides and less than 10 percent of all nonfatal violent crime.
    No one should be the victim of violence, firearm-related or not. This report seemingly disputes the public perception that crimes by means of firearms have increased.

Lori G. Levin
Attorney at Law
180 N. LaSalle, Suite 3700
Chicago, IL 60601
888-748-4095
levin@lorilevinlaw.com
www.lorilevinlaw.com

     This post is a follow-up on an earlier one regarding the Illinois State Auditor General's report on the limited adherence of counties statewide to report mental health findings to the Illinois State Police for its background checks for Firearm Owner's Identification Cards. That post may be found at http://www.lorilevinlaw.com/2/post/2012/05/illinois-auditor-general-releases-report-on-effectiveness-of-illinois-firearms-owners-identification-card-act.html. The Auditor General's report indicated that only Cook, LaSalle and Bureau counties were the only three that routinely followed mandated reporting.
    Today, the Chicago Tribune reported at http://www.chicagotribune.com/news/local/ct-met-chief-justice-mentally-ill-guns-0510-20130510,0,1619747.story that Illinois Supreme Court Chief Justice Thomas Kilbride issued a memorandum reminding all Illinois judges to direct circuit court clerk's to forward to the Illinois State Police orders determining that persons have mental health problems.

Lori G. Levin
Attorney at Law
180 N. LaSalle, Suite 3700
Chicago, IL 60601
888-748-4095
levin@lorilevinlaw.com
www.lorilevinlaw.com

    This week, I was notified that I have been reappointed to the Illinois State Bar Association's Standing Committee on Continuing Legal Education, Standing Committee on Women and the Law and the Criminal Justice Section Council. I have been a long-time member of these committees and council and am completing a two-year appointment as Chair of the Standing Committee on CLE. I will also continue as a member of the Assembly, the ISBA's governing body.
    During the course of my career, I have found that participation in bar association activities is not only a good mechanism to give back to the profession but it also enhances my skills and expertise. I look forward to another good bar association year.

Lori G. Levin
Attorney at Law
180 N. LaSalle, Suite 3700
Chicago, IL 60601
888-748-4095
levin@lorilevinlaw.com
www.lorilevinlaw.com

     This morning, I will chair the Illinois State Bar Association's Standing Committee on Continuing Legal Education's spring meeting. For two years, it has been my pleasure to serve in this position.
      The Illinois State Bar Association is one of the premier providers of continuing legal education. During my tenure as chair, the CLE committee has implemented the Board of Governors' mandate to provide on a yearly basis 15 hours of free programming for members of the ISBA.  The committee has chosen some of our highest rated programs for our members to view free of charge.
      Although I have held other bar leadership positions, being chair of this hard-working committee has been one of the most challenging and rewarding ones that I have held. Although we are a volunteer bar association, the programs produced and executed are professional and enhance the profession. I highly recommend our on-site, studio and internet based programming.
      Although today's meeting will be the last that I chair, I look forward to continuing to work with the committee in my position as ex-officio.
     

   The Chicago Daily Law Bulletin has posted that all court proceedings have been cancelled today in the Second Municipal District of the Circuit Court of Cook County due to flooding. As of this posting, the Circuit Court's website does not mention any closings.
   Should you have a case scheduled for the Skokie courthouse, please contact your attorney to confirm the closing and to ascertain your new court date.

Lori G. Levin
Attorney at Law
180 N. LaSalle, Suite 3700
Chicago, IL 60601
888-748-4095
levin@lorilevinlaw.com
www.lorilevinlaw.com