City of Chicago.
In Jackson, the facts were slightly different from the present case: Sharon Jackson was arrested multiple times on a warrant for "Sherry Jackson" due to the Sheriff's failure to correct the warrant information in the system. March 25, Thomas Gerard Morrissey, Thomas G. Thomas F. Doria has moved to dismiss Jackson's complaint pursuant to Fed. For the reasons set forth below, Doria's motion is denied.
After fingerprinting Jackson, the arresting officer discovered an arrest warrant for "Sharon Jackson" bearing plaintiff's driver's license number. However, plaintiff does not fit the description on the warrant, live at the address listed on the warrant, or have the same fingerprints as the person identified on the warrant.
Notwithstanding these facts, and despite plaintiff's protestations that she was not person listed on the warrant, the officer executed the warrant against plaintiff, and then released her on bond. The charges were dropped, and the warrant was reissued in the name of "Sherry Jackson.
Approximately six months later, a Harvey, Illinois police officer stopped plaintiff for a traffic violation. Although plaintiff informed the officers that she was not the person named in the warrant, and showed them the letter from her public defender, the officers refused to release her, nor did they check her fingerprints.
She again appeared before Judge Bowman, who immediately dropped all charges against her. The court's order instructed arresting agencies to verify the identity of anyone arrested pursuant to the warrant in the future through a fingerprint check. However, in August, , when plaintiff was stopped for a traffic violation, she was again arrested based upon the warrant. She was detained at the Flossmoor, Illinois police station and released. She was again detained on January 5, in Matteson, Illinois, when police discovered the "Sherry Jackson" warrant.
Finally, on November 25, , after being stopped for a speeding violation, she was arrested when a computer check on her driver's license again revealed the warrant. She was detained at the police station in Chicago Heights, Illinois before being released. Despite plaintiff's five arrests on this warrant, the DuPage County Sheriff never corrected the warrant by removing her driver's license number, or took any other effort to clear or modify the warrant.
Jackson alleges that defendant Doria violated her constitutional rights by failing to implement procedures that would prevent the repeated arrest of one person under a warrant issued for another person. Doria has moved to dismiss, asserting that Jackson has failed to state a claim upon which relief can be granted.
A motion to dismiss should not be granted unless it "appears beyond doubt that the plaintiff can prove no set of facts in support of his claims which would entitle him to relief. Gibson, U. IPCO Corp.
City of Racine, F. We take the "well-pleaded allegations of the complaint as true and view them, as well as reasonable inferences therefrom, in the light most favorable to the plaintiff. North Am. Group, Ltd. We will first consider whether the Eleventh Amendment shields Doria from liability in the present action.
It is well established that official capacity suits against state officials are deemed to be suits against the state, and are therefore barred by the Eleventh Amendment. To know if a lapse can result in your arrest: If an outstanding warrant is found in your name, no matter how insignificant the violation involved, you will be arrested on the spot. To learn about active warrants from your past: Seeking warrant information is also a great way to find out about any arrest orders that may have been issued in other parts of the country.
Again, this one is not just for absconders. If this individual subsequently moves to another county or state. If this person has a run in with the law in any other part of the country, this arrest warrant will show up against his name and will result in arrest.
To know about identity theft: Accessing warrant information is an effective way to know if your name and identity is being used by unscrupulous people. If the person who has assumed your identity gets involved in any criminal act, the warrant will get issued in your name and not his. The local law enforcement agency maintains a database of all the warrants including bench warrants issued in the area.
However, before you walk into the local precinct, it would help to know if you have a warrant against you and the reason for the issue of the arrest order. If they run your name along with that of your subject through their warrant database and if warrants are found against you and this other person, you will both be cooling your heels in the jail cell. For those of you who want to initiate a warrant search in order to get the matter settled, finding out about any Dupage County Sheriff warrants in your name and the reason for their release will help you to seek timely and appropriate legal representation.
Is it possible to get information on Dupage County warrants from the local courthouse? Of course, you can get warrant information from the judiciary since the magistrate issues all such arrest orders. Instead of heading to the court of the magistrate, it would make more sense to approach the office of the clerk of court. This agency maintains records pertaining to all legal matters. Furthermore, they are responsible for the release of all public records, as and when requested.
Don't conduct a warrant lookup in Dupage County, Illinois unless you read this. Missed out on some parking tickets and might have a Illinois arrest warrant out up in Dupage County, IL is a way for the county or city to collect the outstanding. DuPage County Sheriff James Mendrick and Kane County Sheriff Ron Hain had their first of many meetings to come last week. Sheriff Mendrick and Sheriff Hain.
You will have to pay a small fee for their services, particularly if you need printouts. Once again, you need to understand that you are approaching a government agency. This means that any active warrants in your name can lead to detention.
As the name suggest, an inquiry of this nature will only get you details pertaining to the warrants issued in the name of the subject. Yes, the local law enforcement agency maintains a database of all arrest warrants issued locally, including any bench warrants. Moreover, the police also have access to the federal repository of active warrants. This database has information on all outstanding warrants from across the country, including the most wanted lists of federal and state law enforcement agencies.
Will a Dupage County warrants search get you information on all types of arrest orders? However, they are not obligated to share this information with you. In fact, more often than not, they will not provide information that pertains to felonies and dangerous criminals, lest the inquirer try to detain the subject. In the same vein, they may not tell you about any out-of-town outstanding warrants that they find in the name of the subject. In fact, the judicial agency may not offer warrant information at all, opting instead to stick with a formal crime history report.
Frequently, a background search from the judiciary will only get you details on arrests that eventually resulted in convictions and the time served in such matters. How can information on arrest warrants be accessed from county, state and federal agencies? Some law enforcement agencies put up a warrant list on their websites. However, even if such a facility is offered, the warrants included in the online list rarely go back to more than a few years.
Many law enforcement offices do not provide information on warrants online. When you are released on Bond, certain conditions are attached to your Bond. Just because the judge does not specifically tell you about them does not relieve you of your obligation to follow all of the conditions of your Bond. The conditions of your Bond will be spelled out in the paperwork that you are given when you are released from Court or the County Jail following the posting of a Bond.
In most cases, the conditions of your Bond will be set forth on one sheet of paper.
That piece of paper, which is commonly called a Bond Slip, will contain your name, the amount of your bond, and information regarding your court date, time, and Court location. In addition, your bond slip will have several paragraphs that are pre-printed on the form which will set forth conditions that apply to your release on Bond. If you look closely at your Bond Slip, you will see that you are required to appear for each and every Court date.
A further condition of your Bond is that you cannot leave the jurisdiction without approval from the Court. This means that you cannot leave Illinois without approval of the Court.
After an investigation, Stephanie L. While having a basic understanding of the DuPage County criminal process can help, anyone charged with a misdemeanor or felony offense in DuPage County is advised to consult with a licensed Illinois criminal defense attorney as soon as possible. This means that you must turn yourself in and appear in Court before a Judge. Jimison was transported to the Ogle County Jail and held in lieu of bond. For any questions you may have please consult a lawyer.
Another condition that applies to every criminal case is that you cannot commit any criminal offenses while you are out on Bond.