Vinson v. Vermilion County, Illinois

Dist. Ct. erred in granting defendants-police officials’ motion to dismiss plaintiffs’ section 1983 action, alleging that defendants violated their 4th Amendment rights, when one defendant officer, without search warrant, peered though window of plaintiff’s home and told 14-year-old in home that he “had to” search premises and then proceeded to search garage for alleged stolen trailer and lawn mowers. Search of plaintiffs’ garage was protected by 4th Amendment, and search conducted without warrant is per se unreasonable subject to only few exceptions. Moreover, Dist. Ct. erred in finding that 14-year-old had given consent because she “complied” with officer’s statement, where: (1) complaint did not allege that defendants asked for consent to search; and (2) officer’s statement that he “had to” search premises was not request for consent. Ct. further suggested that officer may have overstepped bounds of 4th Amendment by staring through window to communicate with 14-year old, and that 14-year-old may not have possessed either actual or apparent authority to allow search of her parent’s home.