Publications

Articles From David J. Robinson

DUI and Blood Alcohol Tests after Birchfield v. North Dakota

By David J. Robinson and Tess Schwartz
October
2016
Article
Page 28
Though Birchfield will have little impact on most DUI cases in Illinois, its real importance for defense lawyers is that it requires both warrantless BAC breath tests and blood-draws to be performed incident to arrest.

A Sniff Too Far: No Dog Sniffs after Completed Traffic Stops

By David J. Robinson
July
2015
Article
Page 42
Unless they have reasonable suspicion, police may not extend an otherwise completed traffic stop to conduct a dog sniff.

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.

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.

Admissibility of Government Wiretaps after People v Coleman

By David J. Robinson
January
2010
Article
Page 44
Coleman created an exception to the Illinois eavesdropping statute for joint state and federal investigations. The author criticizes the case and considers its practical implications.

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