Illinois Bar Journal


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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.