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Soldal v. Cook County, 506 U.S. 56 (1992), was a United States Supreme Court case in which the Court held that a seizure of property like that which occurs during an eviction, even absent a search or an arrest, implicates the Fourth Amendment.
During the hearing on the motion, the prosecution argued that the search was justified by Section 108-9 of the Illinois Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1975, ch. 38, par. 108-9), which reads, "In the execution of the warrant the person executing the same may reasonably detain the search any person in the place at the time ...
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.
Given that the D.C. court finds itself in the minority on the question, some say that the case may be primed for the Supreme Court if the District chooses to appeal.
Rakas v. Illinois, 439 U.S. 128 (1978), was a decision by the United States Supreme Court, in which the Court held that the "legitimately on the property" requirement of Jones v. United States, for challenging the legality of a police search, was too broad. The majority opinion by then-Associate Justice Rehnquist held that a defendant needs to ...
In an opinion delivered by Chief Justice William Rehnquist, the Supreme Court held in a 5 to 4 decision that the police had reasonable suspicion to justify the stop.The police had reasonable suspicion to justify the stop because nervous, evasive behavior, like fleeing a high crime area upon noticing police officers, is a pertinent factor in determining reasonable suspicion to justify a stop.
Edmond, 531 U.S. 32 (2000), the US Supreme Court ruled that police checkpoints set up for the purpose of "general crime control" were unreasonable under the Fourth Amendment. Although the Illinois Supreme Court ruled that Edmond required the trial court to suppress the evidence of Lidster's stop, the Court disagreed.
The Illinois Supreme Court later upheld ... State police also offer kiosk services at three locations, including at 801 S. 7th St., in Springfield which is open from 8:30 a.m.-12 p.m. and 1-5 p.m ...