{"id":2220,"date":"2008-08-31T17:09:29","date_gmt":"2008-07-05T08:02:52","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-07-05T08:02:52","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2220","title":{"rendered":"IL: Asking for consent while the defendant was still seated in patrol car, just as paperwork was returned, was not consent"},"content":{"rendered":"

Asking for consent while the defendant was still seated in the patrol car, just as paperwork was returned, was not consent. People v. Bernstein<\/a>, 2008 Ill. App. LEXIS 637 (June 26, 2008), released for publication July 25, 2008:<\/p>\n

The circumstances in the case at bar establish that Blanks began questioning Bernstein at the same time he returned Bernstein’s documents and the warning citation. The trial court determined that the traffic stop concluded when Blanks gave Bernstein back his documents and the warning citation. We disagree. We do not consider Blanks’ superficial termination of the traffic stop to have concluded it. Blanks returned the documents and immediately began posing questions to Bernstein. Blanks inserted his request to ask more questions in the “seamless transition between mandatory and ‘consensual’ interaction.” People v. LaPoint<\/em>, 353 Ill. App. 3d 328, 333, 818 N.E.2d 865, 869, 288 Ill. Dec. 930 (2004). There was an insufficient passage of time or a perceivable shift in Blanks’ authoritative stance such that a reasonable person in Bernstein’s position would have recognized that the traffic stop had ended and a consensual encounter begun. …<\/p><\/blockquote>\n

Trial court erroneously ended the proof on the motion to suppress before all the proof was in. Both sides had an opportunity to make their cases. The trial court erroneously believed that the U.S. Marshal’s Service did not have jurisdiction to make an arrest, but it did. State v. Aikens<\/a>, 950 A.2d 911 (N.J. Super. 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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