CONSTITUTIONAL ISSUES FOR TRIAL ATTORNEYS CASE LAW UPDATE OCTOBER 2012 Chapter 1: Fourth Amendment Who may contest a search under the Fourth Amendment 237 Ill. 2d 81, 927 N.E. 2d 1179 (2010). When People v. Johnson, passenger was detained pursuant to a valid traffic stop, he did not have a legitimate expectation of privacy in the vehicle in order to contest the search of the vehicle. Good discussion of the factors to consider when determining whether a person has a legitimate expectation of privacy. Investigatory Stops/ Automobiles 132 S. Ct. 945, 181 L. Ed. 2d 911 (2012). United States v. Jones, Attachment of a GPS device to a vehicle constitutes a search under the Fourth Amendment and a search warrant is required. 2012 IL 111781, 971 N.E. 2d 1058. Traffic Stop People v. Hackett, for Improper Lane Usage, 625 ILCS 5/11-709. Police officer had a reasonable suspicion to stop the vehicle for improper lane usage. Good discussion of the distinction between probable cause to arrest and reasonable suspicion to stop standards. 556 U.S. 332, 129 S. Ct. 1710, 173 L. 3d. 3d 485 Arizona v. Gant, (2009). Search-incident-to-arrest exception. Court narrows the reading of 453 U.S. 454 (1981). Court New York v. Belton, determined that search-incident-to-arrest exception did not justify the search because arrestees were already handcuffed and secured in separate patrol cars. 235 Ill. 2d 85, 918 N.E. People v. Bridgewater, 2d 553 (2009). Il. S. Ct. follows Court indicates that it would Gant. be a when an officer cannot effectuate an arrest in a “rare case” manner eliminating any real possibility of access to the vehicle by the arrestee. 232 Ill. 2d 285, 903 N.E. 2d 409 (2009). Following People v. Bailey, a traffic stop for a seat belt violation, police officers have the right to
CONSTITUTIONAL ISSUES FOR TRIAL ATTORNEYS CASE LAW UPDATE OCTOBER 2012 Chapter 1: Fourth Amendment Who may contest a search under the Fourth Amendment People v. Johnson, 237 Ill. 2d 81, 927 N.E. 2d 1179 (2010). When passenger was detained pursuant to a valid traffic stop, he did not have a legitimate expectation of privacy in the vehicle in order to contest the search of the vehicle. Good discussion of the factors to consider when determining whether a person has a legitimate expectation of privacy. Investigatory Stops/ Automobiles United States v. Jones, 132 S. Ct. 945, 181 L. Ed. 2d 911 (2012). Attachment of a GPS device to a vehicle constitutes a search under the Fourth Amendment and a search warrant is required. People v. Hackett, 2012 IL 111781, 971 N.E. 2d 1058. Traffic Stop for Improper Lane Usage, 625 ILCS 5/11-709. Police officer had a reasonable suspicion to stop the vehicle for improper lane usage. Good discussion of the distinction between probable cause to arrest and reasonable suspicion to stop standards. Arizona v. Gant, 556 U.S. 332, 129 S. Ct. 1710, 173 L. 3d. 3d 485 (2009). Search-incident-to-arrest exception. Court narrows the reading of New York v. Belton, 453 U.S. 454 (1981). Court determined that search-incident-to-arrest exception did not justify the search because arrestees were already handcuffed and secured in separate patrol cars. People v. Bridgewater, 235 Ill. 2d 85, 918 N.E. 2d 553 (2009). Il. S. Ct. follows Gant. Court indicates that it would be a “rare case” when an officer cannot effectuate an arrest in a manner eliminating any real possibility of access to the vehicle by the arrestee. People v. Bailey, 232 Ill. 2d 285, 903 N.E. 2d 409 (2009). Following a traffic stop for a seat belt violation, police officers have the right to
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