Episode 469 (Duration 26:45) Here’s a quick summary of Illinois cases that deal with non consensual, forceable, warrantless blood draws.
People v. Hayes, 2018 IL App (5th) 140223 (February). Episode 461 (Duration 17:53) Defendant runs over and kills a 7 year old boy, however, the resulting blood draw is out because defendant was never under arrest.
People v. Smith, 2016 IL App (3d) 140648 (March). Episode 459 (Duration 54:23) Officer telling or asking a citizen to “roll up your sleeves” to check for track marks was a consensual interaction.
People v. West, 2017 IL App (3d) 130802 (March). Episode 329 (Duration 10:59) This obvious drug interdiction traffic stop was nonetheless 100% consensual.
Alana De Leon is an Illinois criminal law litigator worth keeping an eye on. In episode 328 (Duration 43:21) of the Criminal Nuggets Podcast she helps us explore some of the intricacies of “knock and talk” warrantless entries.
In re Elijah W., 2017 IL App (1st) 162648 (March). Episode 326 (Duration 4:59) Plain clothes officer sternly telling a kid to “come here” is a seizure.
People v. Wall, 2016 IL App (5th) 140596 (October). Episode 250 (Duration 5:47) Police lied to him about a break-in at his home, then tell him to sign the consent form or he’ll get arrested.
People v. Franklin, 2016 IL App (1st) 140059 (August). Episode 221 (Duration 9:15) Police find weed in this hotel room, but the warrantless search of the room exceeded the scope of a search incident to arrest.
People v. Swanson, 2016 IL App (2d) 150340 (May). Episode 168 (Duration 6:16) Deputies investigating a single car accident make a warrantless and unconstitutional entry into defendant’s home.