Arizona v. Gant was the landmark decision by the Supreme Court which prevented police officers from searching the contents of a car after the arrest of the driver. The Illinois Supreme Court Decision, People v. Cregan, released on February 21, 2014 has now altered the landscape on searches incident to arrest.
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...
Search and seizure law dark side revealed. Episode 025 of the Criminal Nuggets Podcast highlights an example of a case with a less than completely honest deputy. Very important facts were withheld from the defense, the judge, and the prosecution. [Read more…]
Police car search legal in Illinois is what the case law tells us. One does not have to search too far to find a case saying this. In podcast Episode 015 of the Criminal Nuggets Podcast, I discuss a case where a 7 year drug conviction was reversed, even though the officer said he smelled marijuana. [Read more…]
A knock and talk is a police tactic. The goal is to conduct a warrantless search of a home by walking up to the residence, engaging in conversation with the resident, ending in consent for the police to enter and search. For an example of how not to conduct a knock and talk, listen to Podcast Episode 014 of the Criminal Nuggets Podcast. [Read more…]
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…]
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…]