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Probable Cause Stays Pre-Trial Detention

A convicted felon held for more than a year before the trial that exonerated him has no redress against the City of Chicago because the gun found in plain view during a traffic stop provided police with ample grounds for making their arrest. This according to a ruling in federal appellate court that takes into account a 1987 US Supreme Court decision on bail reform. A Cook County judge classed Joshua Young as an armed habitual offender in setting a high bail after he and an associate were pulled over for not wearing seatbelts in 2015. Following Young’s acquittal, the city won summary dismissal of the Chicago man’s charges that pre-trial detention violated his rights under the 4th Amendment. 

In addition to the due process claim, Young alleged that the city engaged in malicious prosecution and that cops fabricated the evidence that led to the $100,000 bond imposed at arraignment. In tossing the suit, a judge in the Northern District of Illinois agreed with the state that the presence of the gun was sufficient for Young’s detention. Judges in the US 7th District concurred, citing US v. Salerno in writing that the facts in the case fit the “carefully limited exception” to protections accorded the accused under law. The three-member panel ruled Young’s subsequent charges moot based on the invalidity of the due process claim.

While due process stems from the 14th Amendment, the guarantees are applicable in search-and-seizure protections. The DuPage County Gun Lawyers at The Chicagoland Law Firm advocate for clients in courts around the state, including in Cook County. Our experienced team builds cases that achieve the best results possible based on the facts in their case. To learn more, contact our offices in Downers Grove and downtown Chicago for a free consultation with our DuPage County Weapons Attorney. When you retain us, we will defend you zealously. We are your best defense.