Illinois Bar Journal


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Articles on Constitutiional Law

Arrest but no prosecution in Fourth of July flag burning By Matthew Hector September 2016 LawPulse, Page 12 The Champaign County State's Attorney explains her decision not to charge an Urbana man arrested for violating Illinois' unconstitutional but still on the books flag-desecration law.
Stalking and cyberstalking statutes held unconstitutional for lack of mens rea requirement September 2016 Illinois Law Update, Page 18 On June 24, 2016, the First District of the Illinois Appellate Court vacated a defendant's conviction and sentence for stalking and cyberstalking, finding that both crimes are unconstitutional as they lack a mens rea requirement.
DNA Evidence and the Confrontation Clause after People v. Barner By Julia Kaye Wykoff August 2016 Article, Page 36 Supposed the prosecution's expert testifies about a lab report conducted by a scientist the state didn't call. Is the defendant's right to confront adverse witnesses violated? Not if the report was done for reasons other than proving the defendant's guilt.
Police’s unauthorized entry of home after auto accident violates the Fourth Amendment August 2016 Illinois Law Update, Page 18 On May 9, 2016, the Appellate Court of Illinois upheld a trial court's ruling to suppress evidence obtained by a warrantless entry into defendant's home.
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 Limits on Disciplining Public Employee Speech By Joshua D. Herman April 2015 Article, Page 24 Disciplining public-sector employees for speech that is insubordinate, inappropriate, or simply unwanted gives rise to complex legal issues. Here's a framework for analyzing them.
ACLU sues over reaction to fake mayoral twitter account By Matthew Hector August 2014 LawPulse, Page 366 The lawsuit alleges that the mayor and other officials conspired to violate the First and Fourth Amendment rights of accountholder and tweeter Jon Daniel.
Citizen Tips and the Fourth Amendment By Rob Shumaker July 2014 Article, Page 336 More cases, including a new U.S. Supreme Court ruling, define whether a police investigatory stop based on a citizen tip is valid.
Police can search handcuffed arrestee’s luggage, high court rules By Janan Hanna April 2014 LawPulse, Page 162 The Illinois Supreme Court rules that police can search an arrestee's luggage after he was handcuffed on a civil warrant for failure to pay child support.
Silence as Self-Incrimination after Salinas v. Texas By Robin B. Murphy April 2014 Article, Page 184 After Salinas, non-custodial suspects must expressly invoke the right to remain silent, or silence can be held against them. But in Illinois, state law provides some evidentiary protection.