All Eyes On Foxx In The Wake Of Appeals Court Ruling
FOP and City Have Common Ground On This One…
A bizarre and potentially catastrophic ruling by the Illinois Appeals Court rejecting investigative alerts by the police will be a big test for Cook County State’s Attorney Kimberly Foxx.
The ruling states that officers cannot arrest someone on an investigative alert. Instead they need a warrant issued by a judge. The convoluted, circular opinion appears to say that probable cause can only be obtained by officers with firsthand knowledge of the crime and not imputed to his fellow officers. This position has left many in the legal community scratching their head.
The decision was blasted by FOP attorneys.
It doesn’t make any sense. It’s the Fourth Amendment turned upside down. It almost makes the police arresting someone without a warrant illegal. Should judges now be assigned to squad cars?” attorney Tim Grace said.
The appeals court ruling is considered by many in the criminal justice system to be so bizarre, wrong, and threatening to the City’s ability to fight crime that prosecutors have no choice but to appeal the decision to the Illinois Supreme Court.
But here’s the rub. The same decision will no doubt be celebrated as a huge victory by Foxx’s political and ideological allies, particularly by the law firms and law schools that specialize in filing police misconduct claims and violations of constitutional rights. One reason for their enthusiasm is that if the decision stands, attorneys may be able to apply it retroactively, meaning many convicted offenders may be able to use it to garner their freedom and then file a lawsuit against the city.
Dozens, if not hundreds, of detectives and officers could be targeted.
Kimberly Foxx is already under attack by the FOP for turning her office into an ATM machine for kowtowing to these law firms alleging constitutional violations by the police. The question therefore lingers: Just how hard will Foxx fight the court decision?
Foxx, after all, was elected in large part by the support of these law firms, which reap huge financial settlements from the city in their lawsuits. The FOP has assailed Foxx’s decision to release several offenders from prison and asked that the U.S. Department of Justice investigate them.
One case in particular offends: the decision by Foxx to release Gabriel Solache and Arturo Reyes from prison for the 1998 double murder and kidnapping of a couple. The FOP accused Foxx of virtually working on behalf of the men’s attorney by placing a now-retired detective who worked on the case, Reynaldo Guevara, in a perjury trap. Guevara is accused in a litany of other cases that the FOP maintains are highly suspicious.
The FOP has also warned Mayor Lori Lightfoot that she should reverse the policy of surrender and capitulation by her predecessor, Rahm Emanuel, and take lawsuits against the police to trial. A particular aim of the City in these trials should be to reveal the long record of corruption in the wrongful conviction movement.
Indeed, the appeals court decision and Kimberly Foxx’s egregious misconduct offer a unique common ground for the City and the FOP to restore the integrity of the criminal justice system, protect the public, and save the city hundreds of millions of dollars that were doled out in previous administrations by Emanuel and his lackey aldermen.
Both the City and the FOP, for example, should file amicus briefs in the Supreme Court case assailing the ruling by the appeals court. In the meantime, Mayor Lightfoot’s corporation counsel, as well as the FOP, should be keeping a close eye on Kimberly Foxx.
A close eye, indeed.