Illinois Bar Journal


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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)) .