Friday, September 6, 2024

Tracking

A complaint recently filed by the Illinois Administrator alleges that the Respondent engaged in criminal conduct

Between May of 2021 and June of 2022, Respondent and an individual identified in this complaint as J.Z. engaged in a romantic relationship. In April of 2022, J.Z. drove her car to visit Respondent at his law office in Chicago. While J.Z. was at his office, and unbeknownst to J.Z., Respondent placed an electronic tracking device underneath the front passenger seat in J.Z.’s car. Respondent placed the electronic tracking device in J.Z.’s car so that he could monitor J.Z.’s location and surveil her without her knowledge.

Prior to placing the electronic tracking device in J.Z.’s car, Respondent did not know the location of J.Z.’s residence. Using the information from the tracking device he placed in J.Z.’s car, Respondent discovered the location of J.Z.’s residence, and thereafter travelled to J.Z.’s residence multiple times, without J.Z.’s knowledge, to surveil J.Z. On two of those occasions, Respondent placed new electronic tracking devices on the undercarriage of J.Z.’s car. Respondent placed the subsequent electronic tracking devices on J.Z.’s car because he was concerned that the prior devices would run out of battery power, which would render him unable to continue his secret surveillance of J.Z.

On July 28, 2022, while cleaning the inside of her car, J.Z. found the electronic tracking device Respondent placed underneath the front passenger seat of her car, described...above. J.Z. contacted the police to report her discovery of the electronic tracking device.

The police investigation of cell phone data obtained through a warrant  revealed that Respondent was in the immediate area of J.Z,'s residence on nine occasions.

In the ensuing criminal case

On July 27, 2023, the Cook County State’s Attorney’s Office (“CCSAO”) voluntarily dismissed Count One (burglary) and Count Three (stalking). The CCSAO amended the stalking charge in Count Two to unlawful use of an electronic tracking device, a Class A misdemeanor, in violation of Chapter 720, Section 5.0/21-2.5-B of the Illinois Compiled Statutes. On the same day, Respondent pled guilty to the amended Count Two. Judge Martin sentenced Respondent to one year of court supervision and ordered Respondent to pay $437 in fines and costs. Judge Martin further granted J.Z. a three-year order of protection, scheduled to terminate on July 23, 2026, which prohibits Respondent from having any contact with J.Z.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2024/09/tracking-.html

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