Subject Index Search and Seizure

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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