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Search and Seizure Quarterly Summer Issue 2018

10/25/2018 2:36:00 PM

Illinois Prosecutor Services, LLC
Don Hays
PO Box 722
Carlinville, Illinois 62626
Office Phone: (217) 854-8041 Fax: (217) 854-5343
Webpage: www.ipsllconline.com

SEARCH AND SEIZURE CASE LAW DIGEST - Summer  ISSUE - 2018

IN THIS ISSUE


1. In re O.S., 2017 IL App (1st) 171765, (1st Dist., June 26, 2018) Denial of Motion to Suppress - - Affirmed.

ISSUE: SEARCH AND SEIZURE (Reasonable Suspicion to Stop)

Did the police have sufficient reasonable suspicion to justify stopping the car in which this defendant rode after the driver of the car stopped his car in a no parking zone and after the Officer smelled and saw cannabis? (Yes).
 

2. In re Maurice J., 2017 IL App (1st) 172123, (1st Dist., June 20, 2018) Denial of Motion to Suppress - - Reversed and Remanded.

ISSUE: SEARCH AND SEIZURE (Reasonable Suspicion to Stop)

Did the police have sufficient reasonable suspicion to justify stopping the car in which this defendant rode after the driver of the car tried to avoid a speed bump in the road? (No).


3. People v. Sebastian Rodriguez, 2017 IL App (1st) 141379-B, (1st Dist., June 4, 2018) First-Degree Murder - - Conviction Affirmed; Sentence Vacated; Case Remanded for Resentencing.

ISSUE: SEARCH AND SEIZURE (Probable Cause to Search)

Did the police have sufficient probable cause to justify a search of the defendant’s house? (Yes).


4. People v. Lenard A. Smock, 2018 IL App (5th) 140449, (5th Dist., April 4, 2018) Denial of Motion to Suppress - - Reversed and Remanded.

ISSUE: SEARCH AND SEIZURE (Hot Pursuit)

Was the warrantless entry into this defendant’s house justified by the “hot pursuit” doctrine? (No).


5. People v. Eduardo Gomez, 2018 IL APP (1st) 150605, (1st Dist., April 3, 2018) Armed Habitual Criminal; Aggravated Unlawful Use of a Firearm; Unlawful Use of a Firearm by a Felon - - Convictions Affirmed in Part; Vacated in Part; Case Remanded with Instructions.

ISSUES:

1) SEARCH AND SEIZURE (Consensual Encounter)

Did the Officers have sufficient reasonable suspicion when they detained these suspects? (Yes);

2) OFFENSES (One Act – One Crime)

Was this defendant improperly convicted of both AHC and his weapons charge? (Yes).


6. People v. Steve W. Gill, 2018 IL APP (3rd) 150594, (3rd Dist., April 3, 2018) Aggravated Arson - - Reversed and Remanded.

ISSUES:

1) SEARCH AND SEIZURE (Clothes)

Did the People violate this defendant’s Fourth Amendment rights by ordering a nurse to enter the defendant’s hospital room and seize his clothes? (Yes);

2) SEARCH AND SEIZURE (Truck)

Did the People violate this defendant’s Fourth Amendment rights by seizing his truck? (No).


7. People v. John Carlos Boose, 2018 IL App (2nd) 170016, (2nd Dist., March 28, 2018) Suppression of Evidence - - Affirmed.

ISSUE: SEARCH AND SEIZURE (Defective Warrant)

Was this search valid despite a defective search warrant? (No).

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