Subject Index Search and Seizure

Traffic stop impermissibly prolonged

September
2008
Illinois Law Update
, Page 444
On 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 tip

July
2008
Illinois Law Update
, Page 340
On 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.

Driving on Sunday not reasonable suspicion to make traffic stop

May
2008
Illinois Law Update
, Page 236
On March 4, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the circuit court quashing the arrest of the defendant and suppressing the evidence resulting from that arrest.

Police Interrogation of Motorists at Traffic Stops

By Bruce L. Carmen
January
2008
Article
, Page 44
The Fourth Amendment prohibits police from turning routine traffic stops into investigations of other criminal activity.

Search valid with consent of co-tenant even where other co-tenant is home but asleep

December
2007
Illinois Law Update
, Page 632
On October 9, 2007, the Illinois Appellate Court, First District, reversed the ruling of the Circuit Court of Cook County granting the defendant’s motion to suppress evidence obtained pursuant to an illegal search of defendant’s home.

Vehicle search incident to arrest justified even when arrest is made outside of vehicle

October
2007
Illinois Law Update
, Page 516
On August 9, 2007, the Illinois Appellate Court, Third District, reversed the decision of the Circuit Court of Will County granting the defendant's motion to suppress evidence found in the defendant's vehicle.  

The Naked Truth: Fourth Amendment Lessons from the Supreme Court

By Kerry J. Bryson
July
2007
Article
, Page 360
A review of recent home-search cases from the U.S. Supreme Court, including the Rettele "naked search" case from May.

Ban on secret compartments in vehicles unconstitutional

December
2006
Illinois Law Update
, Page 650
On 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 doctrine

By Helen W. Gunnarsson
July
2006
LawPulse
, Page 338
In 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. 

Correspondence from Our Readers

March
2005
Column
, Page 106
Search and Seizure and the Illinois Constitution 

Searching the passenger compartment of a vehicle is lawful regardless of whether the suspect is arrested on probable cause or on a civil warrant

March
2005
Illinois Law Update
, Page 116
On December 23, 2004, the Illinois Appellate Court, Fourth District, affirmed the Circuit Court of Adam County's decision denying the defendant's motion to suppress incriminating evidence found in his vehicle during a search incident to his arrest. 

Possession of FOID card and latex gloves not enough to raise reasonable suspicion

December
2004
Illinois Law Update
, Page 620
On October 12, 2004, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of Kane County, granting the defendant's motion to suppress evidence seized from his vehicle after he was stopped by a police officer for three traffic violations.

A lawful stop and nervous behavior are not enough to justify a frisk for weapons

November
2004
Illinois Law Update
, Page 568
On August 27, 2004, the Illinois Appellate Court, Second District, affirmed the Circuit Court of Kane County's decision granting the defendant's motion to quash arrest and suppress seized evidence.

Grant of the defendant’s motion to quash arrest and suppress evidence was affirmed because the seizure of evidence was unjustified under the plain-touch exception to the warrant requirement

July
2004
Illinois Law Update
, Page 340
On April 2, 2004, the Second District Appellate Court affirmed the judgment of the Circuit Court of Kendall County, granting the defendant's motion to quash arrest and suppress evidence. 

2003 Illinois Supreme Court Criminal Cases: Traffic Stops and Apprendi Retroactivity

By Evelyn G. Baniewicz
April
2004
Article
, Page 190
A look at the leading criminal law decisions from the 2003 term

More on traffic stops and the Illinois Supreme Court

By Helen W. Gunnarsson
January
2004
LawPulse
, Page 10
Here'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.

Officer went beyond permissible scope of a traffic stop for following too closely when, after he had already issued a traffic citation, he further investigated and conducted a vehicle search.

January
2004
Illinois Law Update
, Page 16
On October 29, 2003, the Appellate Court of Illinois, Fourth District, reversed the Circuit Court of Douglas County's denial of the defendant's motion to suppress and remanded for further proceedings.

The periodic presence of a probationer does not constitute grounds for indiscriminate searches

December
2003
Illinois Law Update
, Page 600
On September 18, 2003, the Illinois Supreme Court affirmed the circuit and appellate courts' judgments to suppress evidence found during a search of the defendant's motel room in which a probationer subject to a search condition was staying.

“Stop and Frisk” in Illinois: Recent Supreme Court Terry-Doctrine Decisions

By Michelle M. Jochner
December
2003
Article
, Page 616
A look at recent decisions that define when warantless stops are permissible under the Fourth Amendment.

Search and Seizure of E-Evidence in Illinois: Cybercrime and the Internet Frontier

By Rachel J. Hess
July
2003
Article
, Page 344
A review of the search-and-seizure issues that arise in the investigation of Internet crimes.

Trial court properly issued search warrant where, under totality of facts, affidavit would lead one of reasonable caution to believe defendant’s hair and blood samples would be relevant evidence of offense committed

May
2003
Illinois Law Update
, Page 226
On February 5, 2003, the Appellate Court of Illinois, Fifth District, affirmed the order of the Circuit Court of Marion County convicting the defendant of home invasion and aggravated criminal sexual assault.

Conviction of defendant for DUI after stop at roadblock set up to gather information about hit and run accident reversed because police did not have individualized suspicion to stop defendant

January
2003
Illinois Law Update
, Page 14
On October 18, 2002, the Illinois Supreme Court held that the defendant's Fourth Amendment rights were violated when the police stopped him at a roadblock created to gather information about a hit and run accident .

Community caretaking role of police does not provide reasonable suspicion sufficient to conduct a Terry stop or to seize drug evidence

September
2002
Illinois Law Update
, Page 454
On June 17, 2002, the Appellate Court of Illinois, Fourth District, modified its decision and reversed the defendant's conviction for possession of a controlled substance (cocaine) with intent to deliver because the court ruled in favor of suppressing the only evidence of the defendant's guilt.

Legislation authorizes the seizure and forfeiture of cars belonging to individuals who drive on suspended or revoked driver’s licenses P. A. 92-0688

September
2002
Illinois Law Update
, Page 454
On July 16, 2002, Gov. George H. Ryan signed into law Senate Bill 1730.

Defendant’s statements during a routine traffic stop were properly suppressed when police officer did not have independent reasonable suspicion to ask about the items in the car

August
2002
Illinois Law Update
, Page 402
On May 24, 2002, the Appellate Court of Illinois, Second District, affirmed the decision of the Circuit Court of DuPage County and held that certain statements the defendant made as to ownership of items in his vehicle were properly suppressed by the trial court.

Gravel walkway near home is not within curtilage of home and hence defendant has no expectation of privacy in property visible from the walkway

August
2002
Illinois Law Update
, Page 402
On May 28, 2002, the United States Court of Appeals for the Seventh Circuit affirmed the holding of the United States District Court for the Central District of Illinois and the defendant's conviction.

When police observe a possible drug transaction, stop the defendant and receive garbled answers to questions, police have probable cause to order defendant to remove items from his mouth

July
2002
Illinois Law Update
, Page 344
On April 18, 2002, the Supreme Court of Illinois reversed the decision of the appellate court and reinstated the defendant's drug conviction.

Privacy Versus Cyber-Age Police Investigation; The Fourth Amendment in Flux

By Michele M. Jochner
February
2002
Article
, Page 70
In last term's Kyllo decision, the Supreme Court restricted police power to use sense-enhancing technology. Here's an analysis of the decision and its implications.

Cellular-Phone Searches: New Technology Meets the Fourth Amendment

By Stacey McDermott Shonkwiler
October
2001
Article
, Page 530
The author reviews a recent Illinois Appellate Court case upholding a search of numbers stored in the defendant's cell phone.

The Lawyer’s Journal

By Bonnie C. McGrath
August
2001
Column
, Page 394
Name-calling brief writers get a pass; Gramm-Leach-Bliley may require lawyers to send privacy notices; and more.

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