Search of probationer’s computer deemed permissibleOctober 2008Illinois Law Update, Page 504On August 12, 2008, the Illinois Appellate Court, Second District, affirmed in part, reversed in part, and remanded for further proceedings the judgment of the Circuit Court of Kane County granting the defendant's motion to quash arrest and suppress evidence found pursuant to a search of the defendant's home by probation officers.
Vote “No” on Con-ConBy Jack C. CareyOctober 2008Column, Page 492Voters should reject the call for a constitutional convention.
Traffic stop impermissibly prolongedSeptember 2008Illinois Law Update, Page 444On June 26, 2008, the Illinois Appellate Court, Third District, reversed the judgment of the Circuit Court of Henry County denying Bernstein's motion to suppress and sentencing him to 48 months probation for unlawful possession of marijuana with intent to deliver.
Traffic stop and subsequent Terry search valid when based on non-anonymous tipJuly 2008Illinois Law Update, Page 340On April 15, 2008, the Illinois Appellate Court, Third District, reversed the judgment of the Circuit Court of McDonough County granting the defendants' motions to suppress two bags containing approximately 28 or 29 boxes of pseudoephedrine collected during a search of the defendant's motor vehicle after a traffic stop for improper lane usage.
Basic “right to privacy” inherently includes interests of secrecy and seclusionFebruary 2007Illinois Law Update, Page 72On November 30, 2006, the Illinois Supreme Court affirmed the decisions of the Illinois Appellate Court, Second District, and the Circuit Court of McHenry County, granting summary judgment to the insured, Swiderski Electronics, Inc (Swiderski), and holding that the insurer, Valley Forge Insurance Company (Valley Forge), had a duty to defend a breach of privacy action brought against the insured.
Ban on secret compartments in vehicles unconstitutionalDecember 2006Illinois Law Update, Page 650On September 26, 2006, the Illinois Appellate Court, First District, reversed the appellant's conviction in the Circuit Court of Cook County for violating section 12-612 of the Illinois Vehicle Code. 625 ILCS 5/12-612.
The limited lockstep doctrineBy Helen W. GunnarssonJuly 2006LawPulse, Page 338In a dog-sniff case, the Illinois Supreme Court wrote that it will interpret state constitutional provisions more expansively than their federal counterparts only under limited circumstances.
DNA sampling does not violate the ConstitutionJune 2006Illinois Law Update, Page 284On March 23, 2006, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, Second District, holding that evidence admitted against the defendant at trial was properly admitted and that section 5-4-3 of the Unified Code of Corrections, which requires convicted felons to submit DNA samples to the police, does not violate the United States Constitution.