Vehicle Searches Incident to Arrest in Illinois after GantBy Michele M. JochnerJanuary 2013Article, Page 30In 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.
Ordering motorist to turn on blowers for dog sniff does not violate fourth amendmentJune 2011Illinois Law Update, Page 286On 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 stopMay 2011Illinois Law Update, Page 228A 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.
A Freer Hand for Police at Illinois Traffic StopsBy Rob ShumakerDecember 2009Article, Page 624In 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.
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.
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.
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.
More on traffic stops and the Illinois Supreme CourtBy Helen W. GunnarssonJanuary 2004Lawpulse, Page 10Here's a summary of two opinions that came down after last month's Journal article on the Illinois Supreme Court's recent interpretation of the Terry doctrine went to press.