Anyone who has seen the television show Law & Order knows the familiar opening narration: “In the criminal justice system, the people are represented by two separate, yet equally important, groups: the police, who investigate crime; and the district attorneys, who prosecute the offenders.” But what happens when these functions become blurred, i.e. the district attorney’s office starts acting as the police? The Illinois Supreme Court recently addressed this question in an important case arising from the controversial policies of LaSalle County's former top prosecutor.

IL Supreme Court Says Ex-LaSalle Prosecutor Conducted Illegal Stops, Arrests

In 2011, then-LaSalle County State's Attorney Brian Towne formed a team of special investigators known as SAFE. Special investigators are individuals appointed by a State's Attorney to serve subpoenas and conduct limited investigations to “assist” prosecutors in performing their duties. They are not, however, sworn police officers.

When it comes to DUI, there is a critical difference between alcohol and illegal drugs such as marijuana. You probably know that drunk driving is only a criminal offense if your blood alcohol concentration is 0.08 percent or higher. This means that most people can have one or two beers in their system and not worry about legal liability.

However, when it comes to illegal drugs, Illinois law states that “any amount” in a person's system is unacceptable. In other words, if police find any amount of THC—the active ingredient in marijuana and cannabis products—in your system, you are guilty of DUI even if there is no evidence that you were impaired. Additionally, if you are arrested for a DUI where someone else is seriously injured, you can be charged with an “aggravated” DUI which carries stiffer criminal penalties.

Illinois Supreme Court Rejects “Medical Condition” Defense in Aggravated DUI Case