{"id":1900,"date":"2008-06-22T07:06:07","date_gmt":"2008-03-22T08:55:43","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-03-22T08:55:43","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1900","title":{"rendered":"IL: Warrant check of passengers after a valid stop is not unreasonable"},"content":{"rendered":"

Illinois holds that a warrant check of the passengers in a validly stopped car is not unreasonable, even under its more expansive interpretation of state law. People v. Harris<\/a>, 228 Ill. 2d 222 (2008):<\/p>\n

As noted above, a warrant is a matter of public record. An individual has no reasonable expectation of privacy in the fact that a court has entered a written order commanding his arrest. 725 ILCS 5\/107-1 (West 2002). A warrant check does not implicate legitimate privacy interests because, like a dog sniff, it does not reveal any legitimately private activity or information, or result in any physical contact with the individual or his property. See Caballes<\/em>, 543 U.S. at 409-10, 160 L. Ed. 2d at 848, 125 S. Ct. at 838.<\/p>\n

We, therefore, conclude that this court’s treatment of the warrant-check issue in Harris I<\/em> is inconsistent with the Supreme Court’s analysis in Caballes. We hold that a warrant check on the occupants of a lawfully stopped vehicle does not violate fourth amendment rights, so long as the duration of the stop is not unnecessarily prolonged for the purpose of conducting the check and the stop is “otherwise executed in a reasonable manner” (Caballes<\/em>, 543 U.S. at 408, 160 L. Ed. 2d at 847, 125 S. Ct. at 837).<\/p>\n

Applying this rule to the facts of the present case, we find, first, that the seizure of defendant was initially lawful; second, the seizure was of reasonable duration; and, third, the warrant check did not infringe upon a constitutionally protected privacy interest. Thus, the warrant check did not violate defendant’s right under the fourth amendment to be free from unreasonable search and seizure. Therefore, unless the officer’s request for identification was improper, the evidence discovered as a result of the warrant check and subsequent arrest was properly admitted at trial.<\/p><\/blockquote>\n

Four officers at the door in a knock-and-talk was not inherently coercive, particularly when they were outside the gate of his property. The fact that this was at 9 p.m. in late July did not add to possible coerciveness. State v. Triana<\/a>, 979 So. 2d 1039 (Fla. App. 3d DCA 2008).* (Comment:<\/em> Some states would hold that a nighttime knock-and-talk of a home would be subjected to a more stringent analysis, but this was at a gate and not the door to the house.)<\/p>\n","protected":false},"excerpt":{"rendered":"

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