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The Court established that Pa. Const. art. I, § 8 afforded greater protection to Commonwealth citizens than the Fourth Amendment, U.S. Const. amend. IV, and reaffirmed that the Pennsylvania Constitution requires both a showing of probable cause and exigent circumstances to justify a warrantless search of an automobile. [4] [5]
Neither is Illinois, since the Illinois Second District Appellate Court Decision in People v. Fernandez , 2011 IL App (2d) 100473, which specifically states that section 107-14 is found in the Code of Criminal Procedure of 1963, not the Criminal Code of 1961, and governs only the conduct of police officers.
Search incident to a lawful arrest, commonly known as search incident to arrest (SITA) or the Chimel rule (from Chimel v.California), is a U.S. legal principle that allows police to perform a warrantless search of an arrested person, and the area within the arrestee’s immediate control, in the interest of officer safety, the prevention of escape, and the preservation of evidence.
(The Center Square) – Even though marijuana is legal in Illinois, the state’s highest court has ruled that the smell of raw cannabis is enough for police to search a vehicle. The case stems ...
Belton, 453 U.S. 454 (1981), the U.S. Supreme Court ruled that when a police officer has made a lawful arrest of a driver, he may search the passenger area of the vehicle without obtaining a warrant. Recent Court decisions have limited the scope of the search even further. In Michigan Dept. of State Police v.
Case history; Prior: Certiorari to the United States Court of Appeals for the Seventh Circuit: Holding; A warrantless inventory search of a vehicle under police custody for being a hazard on the highway, and whose owner was heavily intoxicated to the point of comatose unconsciousness, was reasonable and not prohibited by the Fourth Amendment.
An Illinois Democrat official was nabbed for drunk driving during a chaotic traffic stop over the weekend — during which she repeatedly asked an arresting officer if his penis “was that small.”
This is a list of law enforcement agencies in the state of Illinois.. According to the US Bureau of Justice Statistics' 2018 Census of State and Local Law Enforcement Agencies, the state had 846 law enforcement agencies employing 48,240 sworn police officers, about 379 for each 100,000 residents.
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