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According to an internal Mundelein police department general order admitted into evidence, a Taser is a laser-sighted “stun type device” that fires probes. Raciak and Turek were equipped with Tasers in addition to their guns, batons, and pepper spray. Raciak and the other police officer at the scene, Richard Turek, wore body microphones that transmitted the sound.
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Raciak testified that the camera activates automatically when he turns on his flashing roof lights, although in this case the camera started recording events before he switched on his lights to alert the driver of the car in which defendant was a passenger to pull to the curb.
The video, which includes sound, was shot from Officer Anthony Raciak's squad car. ¶ 5 The traffic stop commenced shortly after 3 a.m. However, we first begin with enough background, learned from the trial transcript, to place the events depicted on the video in context. 1 in evidence, the unredacted video of the traffic stop effected by Mundelein, Illinois, police officers on New Year's Day 2010 that resulted in multiple charges against defendant. ¶ 4 The following facts are taken from viewing People's Exhibit No. Because the State failed to prove defendant guilty beyond a reasonable doubt, we reverse.
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Kotlinski, appeals from his conviction of obstructing a peace officer in violation of section 31–1(a) of the Criminal Code of 1961 (Code) (720 ILCS 5/31–1(a) (West 2008)), following a jury trial.
Schwind, State's Attorneys Appellate Prosecutor, for People.
Waller, Lake County State's Attorney, Lawrence M. Smith, Smith, John & Antholt LLC, Chicago, for Steven Kotlinski. The PEOPLE of the State of Illinois, Plaintiff–Appellee, v. Appellate Court of Illinois,Second District.
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