This unreasonable search and seizure traffic stops ends in court where the judge has to remind the police that “lying under oath is never an option.” ¶ 26. The prosecution insists they did not know what the cops were up to. [Read more…]
The Latest in Illinois Search and Seizure Case Law
Illinois Search and Seizure cases like, everywhere else, have been all over the place. You'll want to place close attention, however, to the police drug cases. As well as a series of cases featuring stop and frisks (or as I like to call them "guy walking down the street" cases). Finally, there is a growing list of "cop gone wild" cases.
Download Search and Seizure Case List
I've put together a 4-page summary of every Illinois Search & Seizure case within the last two years. The cases include a one-line summary, so you have a quick idea if the case is useful to you. If it looks interesting, you'll be able to click through to the actual case. Download this Recent Search & Seizure Case List now.
Below you'll find all my most recent Search & Seizure podcasts and articles...
Knock and talks are bad idea. This case illustrates the problems when cops and prosecutors try to “stretch” unconstitutional behavior into a consensual encounter. You need a warrant to search a home. [Read more…]
This illegal traffic stop lead to a drug conviction and 7 years in prison. Luckily for Defendant, the appellate court reversed the conviction and set him free, due to an undue delay by the police. The officer's testimony that he could smell weed did not save the day for the prosecution. [Read more…]
People will forever try to avoid DUI checkpoints legally. An Illinois criminal court decision suggests that is theoretically possible? But is it practically possible? [Read more…]
Defendant should not have been stopped because of a U-turn to avoid a traffic safety checkpoint. Defendant's driving while license suspended conviction and 90 days in jail is reversed.
The Supreme Court of the United States changes the rules of a search incident to arrest by requiring a warrant before the police can conduct a cell phone search after an arrest. The rule is loud and clear and should be unmistakable to police. “Get a warrant,” if you want to search the contents of a cell phone! [Read more…]