{"id":40701,"date":"2019-11-18T00:00:55","date_gmt":"2019-11-18T05:00:55","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=40701"},"modified":"2019-11-18T08:30:51","modified_gmt":"2019-11-18T13:30:51","slug":"il-flagrantly-unconstitutional-arrest-here-means-no-attenuation-for-statement","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=40701","title":{"rendered":"IL: Flagrantly unconstitutional arrest here means no attenuation for statement"},"content":{"rendered":"<p>Defendant\u2019s arrest was flagrantly unconstitutional, and his statement wasn\u2019t attenuated from it. <a href=\"http:\/\/www.illinoiscourts.gov\/Opinions\/AppellateCourt\/2019\/3rdDistrict\/3180405.pdf\">People v. Gutierrez<\/a>, 2019 IL App (3d) 180405, 2019 Ill. App. LEXIS 890 (Nov. 15, 2019).*<\/p>\n<p>Defendant was convicted of possession of a weapon that was in his car under the passenger seat where there was a passenger. He was stopped for a traffic offense in front of his own house, and he was walking to the house when stopped. Nothing in the interaction would lead the police to believe that there was a weapon in the car or that a protective search was required. <a href=\"http:\/\/www.illinoiscourts.gov\/Opinions\/AppellateCourt\/2019\/1stDistrict\/1162791.pdf\">People v. Thomas<\/a>, 2019 IL App (1st) 162791, 2019 Ill. App. LEXIS 889 (Nov. 15, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s arrest was flagrantly unconstitutional, and his statement wasn\u2019t attenuated from it. People v. Gutierrez, 2019 IL App (3d) 180405, 2019 Ill. App. LEXIS 890 (Nov. 15, 2019).* Defendant was convicted of possession of a weapon that was in his &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=40701\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[75,22],"tags":[],"class_list":["post-40701","post","type-post","status-publish","format-standard","hentry","category-attenuation","category-protective-sweep"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40701","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=40701"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40701\/revisions"}],"predecessor-version":[{"id":40711,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40701\/revisions\/40711"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=40701"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=40701"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=40701"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}