Subject Index Search and Seizure

Odor of cannabis sufficient to form probable cause to search a vehicle

December
2023
Illinois Law Update
, Page 16
On Sept. 28, 2023, the Second District of the Illinois Appellate Court held police officers have probable cause to search a vehicle if they detect the smell of cannabis.

No probable cause for a second search of vehicle after a thorough first search yielded no evidence

December
2022
Illinois Law Update
, Page 12
On Sept. 8, 2022, the First District of the Illinois Appellate Court held that there was no probable cause to search a vehicle a second time after a thorough first search yielded no illegal evidence.

Conviction reversed on ineffective assistance of counsel grounds

June
2022
Illinois Law Update
, Page 16
On Mar. 7, 2022, the First District of the Illinois Appellate Court vacated a conviction because failure to argue suppression of evidence under the fruit-of-the-poisonous-tree doctrine constituted ineffective assistance of counsel.

Detective did not violate the Fourth Amendment by obtaining information from defendant’s internet service provider

July
2021
Illinois Law Update
, Page 14
On March 10, 2021, the Second District of the Illinois Appellate Court held that a detective did not violate the Fourth Amendment by obtaining information via subpoena to the defendant’s internet service provider (ISP).

Nonverbal consent to police search must be unequivocally clear

June
2021
Illinois Law Update
, Page 14
On March 17, 2021, the Fourth District of the Illinois Appellate Court held that a defendant’s nonverbal consent to a police search must be unambiguously clear.

Warrantless search in defendant’s hospital trauma room ruled unconstitutional

May
2021
Illinois Law Update
, Page 16
On Feb. 22, 2021, the Second District of the Illinois Appellate Court suppressed evidence obtained from a trauma room where the defendant was being treated because the defendant had a reasonable expectation of privacy in that room.

Changing lanes while driving through an intersection is not prohibited by the Illinois Compiled Statutes

April
2021
Illinois Law Update
, Page 18
On Jan. 29, 2021, the Third District of the Illinois Appellate Court vacated a defendant’s conviction after granting the defendant’s motion to suppress evidence obtained during a traffic stop based on a mistake of law by the arresting officer.

Police officer’s request for driver’s license after original reason for traffic stop has dissipated does not constitute unreasonable search and seizure

March
2021
Illinois Law Update
, Page 18
On Dec. 7, 2020, the Third District of the Illinois Appellate Court held that a police officer’s request of a driver’s license after the original reason for the traffic stop had dissipated did not unreasonably prolong the stop to the extent of constituting an unreasonable search and seizure.

Police justified in searching house and finding marijuana when responding to 911 call

December
2020
Illinois Law Update
, Page 16
On Aug. 24, 2020, the Second District of the Illinois Appellate Court affirmed a trial court ruling that police officers’ entry into a home was justified and the officers were lawfully in the defendant’s premises when they saw cannabis in plain sight.

Defendant had no expectation of privacy in his motel room alcove

July
2020
Illinois Law Update
, Page 14
On April 16, 2020, the Illinois Supreme Court reversed the judgment of the Third District Appellate Court and ruled that a warrantless dog sniff outside the door of the defendant’s motel room did not violate his Fourth Amendment rights.

To See, to Smell, to Search, and Not to Yield

By Rhys Saunders
May
2020
LawPulse
, Page 10
The Illinois Supreme Court delivers opinion on cannabis-based search.

Should’ve Gotten a Warrant

By Pete Sherman
January
2020
LawPulse
, Page 12
Illinois Supreme Court favors warrantless DUI testing on a case-by-case basis, but not this time.

Suspicion from odd behavior at traffic stop doesn’t support canine unit search

November
2018
Illinois Law Update
, Page 18
Nervousness, a criminal history, and other odd behavior are not enough to create a reasonable suspicion of criminal activity during a traffic stop, according to the fourth district.

Improper seizure resulted from defendants’ belief that they were detained when officer did not have authority to detain

April
2018
Illinois Law Update
, Page 16
The Appellate Court of Illinois held that a search and seizure was improper where an officer did not have probable cause (nor a reasonable, articulable suspicion) to detain, and it was no longer a consensual encounter because a reasonable individual would not have believed they were permitted to leave the scene.

Where probable cause for traffic stop exists, use of narcotics dog does not violate Fourth Amendment if stop is not unreasonably prolonged

November
2015
Illinois Law Update
, Page 20
On August 26, 2015, the Third District Appellate Court reversed the circuit court's grant of defendants' motions to suppress evidence of heroin obtained during a traffic stop.

Ignorance of the law - an excuse after all?

By Matthew Hector
February
2015
LawPulse
, Page 12
The Supreme Court ruled that a "reasonable mistake of law" can provide reasonable suspicion to justify a traffic stop. Are police being held to a lower standard than ordinary citizens?
6 comments (Most recent February 5, 2015)

The U.S. Supreme Court Says ‘No’ to Cell-Phone Searches Incident to Arrest

By David J. Robinson
September
2014
Article
, Page 438
The Riley court established a rare bright-line rule under the Fourth Amendment when it declared that data searches of cell phones - regardless of type - are unlawful incident to arrest.

Citizen Tips and the Fourth Amendment

By Rob Shumaker
July
2014
Article
, Page 336
More cases, including a new U.S. Supreme Court ruling, define whether a police investigatory stop based on a citizen tip is valid.

Police can search handcuffed arrestee’s luggage, high court rules

By Janan Hanna
April
2014
LawPulse
, Page 162
The Illinois Supreme Court rules that police can search an arrestee's luggage after he was handcuffed on a civil warrant for failure to pay child support.

SCOTUS rules warrantless dog-sniff search of home unconstitutional

By Adam W. Lasker
May
2013
LawPulse
, Page 222
Unlike an earlier decision this term that allowed dog-sniff evidence from a traffic stop, Jardines holds that the dog-sniff search of a front porch requires a warrant.

Admissibility of Dog-Sniff Evidence: Evaluating Probable Cause after Florida v. Harris

By David J. Robinson
April
2013
Article
, Page 194
In Harris, the U.S. Supreme Court held that dog-sniff evidence can be admissible even if prosecutors do not lay a detailed foundation that the dog is well trained.

Vehicle Searches Incident to Arrest in Illinois after Gant

By Michele M. Jochner
January
2013
Article
, Page 30
In Arizona v. Gant, the U.S. Supreme Court allowed warrantless searches when an arrestee is unsecured and can reach the passenger compartment or it's "reasonable to believe" incriminating evidence "might be" inside. But Gant raises as many questions as it answers - here's a look at how Illinois courts have reacted.
1 comment (Most recent January 7, 2013)

Ordering motorist to turn on blowers for dog sniff does not violate fourth amendment

June
2011
Illinois Law Update
, Page 286
On March 24, 2011, the Supreme Court of Illinois held that, as a matter of apparent first impression nationwide, police officers' actions in ordering defendant to roll up her windows and turn the blowers on high before they conduct a dog sniff of the defendant's truck exterior did not constitute an unreasonable search under the fourth amendment.

Mistaken good faith belief about law does not support probable cause for traffic stop

May
2011
Illinois Law Update
, Page 228
A police officer's good faith but mistaken belief about the law does not support probable cause to initiate a traffic stop, according to an Illinois Court of Appeals. The court affirmed a decision to suppress evidence, which was the result of a traffic stop initiated when an officer believed the defendant violated a traffic law but was mistaken about what the law actually prohibited.

Law expanded for police to seize vehicles operated in violation of law. PA 096-1289

April
2011
Illinois Law Update
, Page 180
State lawmakers recently expanded offenses for which police may seize a vehicle. Vehicles, vessels, and aircrafts operated in Illinois are subject to seizure if the owner knows and consents to the use and that use violates certain laws. (720 ILCS 5/36-1).

Vehicles may be seized if used to steal precious or scrap metal. PA 096-0313

June
2010
Illinois Law Update
, Page 292
Thieves of precious and scrap metals could have their vehicles seized if the vehicle is used to steal the metal, under a new law passed by state lawmakers. 

A Freer Hand for Police at Illinois Traffic Stops

By Rob Shumaker
December
2009
Article
, Page 624
In response to the U.S. Supreme Court, the Illinois Supreme Court issued decisions that give police more freedom to search and question vehicle occupants at traffic stops.

Strip-search of student violates Fourth Amendment

By Helen W. Gunnarsson
October
2009
LawPulse
, Page 490
Education lawyers say the U.S. Supreme Court’s Safford ruling confirms their longstanding advice to school officials: don’t strip-search kids.

Two traffic stops, no Fourth Amendment “seizures,” the court rules

By Helen W. Gunnarsson
November
2008
LawPulse
, Page 548
The Illinois Supreme court rules for the state in two cases where defendants were asked for consent to search after a traffic stop.

Search of probationer’s computer deemed permissible

October
2008
Illinois Law Update
, Page 504
On 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.

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