{"id":2941,"date":"2009-12-25T06:38:20","date_gmt":"2009-02-14T10:10:31","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-02-14T10:10:31","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2941","title":{"rendered":"IL: No REP in arrest records"},"content":{"rendered":"

Defendant’s careless driving traffic stop was without probable cause, just because the driver was looking at the police and pulled off the freeway rather than be followed. Stokes v. State<\/a>, 375 Ark. 394, 291 S.W.3d 155 (2009).*<\/p>\n

Defendant’s custodial arrest for a traffic offense justified his search incident and search again on booking. People v. Taylor<\/a>, 388 Ill. App. 3d 169, 327 Ill. Dec. 630, 902 N.E.2d 751 (2009).*<\/p>\n

Officers lacked cause to stop the defendant who showed up at a loud party after the officers told them to quiet down, and they did. State v. Brown, 900 N.E.2d 820 (Ind. App. 2009).*<\/p>\n

Conversation with the defendant which was within the normal time of a traffic stop was reasonable. McKnight v. State, 296 Ga. App. 38, 673 S.E.2d 573 (2009).*<\/p>\n

There is no reasonable expectation of privacy in arrest warrants, which are public records. People v. Bailey<\/a>, 232 Ill. 2d 285, 903 N.E.2d 409 (2009):<\/p>\n

It has long been held that the existence of an arrest warrant is a matter of public record. Gist v. Macon County Sheriff’s Department, 284 Ill. App. 3d 367, 377 (1996). Recent decisions continue to adhere to this principle. See People v. Harris, 228 Ill. 2d 222, 233 (2008); People v. Roberson, 367 Ill. App. 3d 193, 201 (2006). By definition, a person cannot have a reasonable expectation of privacy in public matters. Because a warrant check does not implicate any area of privacy, it is not a search under sections 12-603.1(f) and 108-1(3), and it is not prohibited by those provisions. Accordingly, a motion to suppress filed on this ground would not have been successful.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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