Publications

Articles on Search and Seizure

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.

Plain view doctrine does not justify seizure of property unnamed in warrant issued for back taxes

May
2001
Illinois Law Update
Page 230
On March 15, 2001, the seventh circuit held that plaintiff's Fourth Amendment rights were violated when officials of the Illinois Department of Revenue seized property belonging to the plaintiff but not named in a search warrant, and held that the plain view doctrine did not protect defendants' actions.

The Lawyer’s Journal

By Bonnie C. McGrath
April
2001
Column
Page 166
Police can keep suspects out of their own homes; adoption by one spouse only; arbitration clauses and fee agreements; and more.

The Lawyer’s Journal

By Bonnie C. McGrath
February
2001
Column
Page 56
When does may mean must? When it comes to appealing interlocutory orders

The Lawyer’s Journal

By Bonnie C. McGrath
January
2001
Column
Page 10
Standard of review for fee suits; U.S. Supremes just say no to drug-sniffing dogs at checkpoints; employee claims rejected by 7CA; and more.

Law permits seizure and disposition of gang property - P.A. 91-876

December
2000
Illinois Law Update
Page 690
Beginning next year, Illinois law enforcement officials will have an additional incentive to identify members of streetgangs.

Recent U.S. Supreme Court Fourth Amendment Rulings Expand Police Discretion

By Michele M. Jochner
October
2000
Article
Page 576
Far from drawing bright lines, these rulings have raised new uncertainties, this author argues.

The Lawyer’s Journal

By Bonnie C. McGrath
June
2000
Column
Page 308
Playing the child-support percentages; ADA news and views; please don't squeeze the luggage; and more.

The Lawyer’s Journal

By Bonnie McGrath
April
1999
Column
Page 186
Offer, acceptance, consideration, and criminal law.

Illinois law enforcement officers may obtain a blood sample from a driver who is in an adjoining state for medical care under a presumption that the driver was driving while intoxicated.

February
1999
Illinois Law Update
Page 73
On November 19, 1998, the Illinois Supreme Court reversed the trial court's holding that section 11-501.1(a) of the Illinois Vehicle Code (625 ILCS 5/11-501.1(a) (West 1996)) .

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