{"id":5585,"date":"2011-12-21T14:02:01","date_gmt":"2011-05-24T00:01:46","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-05-22T11:15:04","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5585","title":{"rendered":"IL: Defendant’s agreement to “intensive” supervision and searches was governed by contract law"},"content":{"rendered":"

Defendant agreed to \u201cintensive\u201d supervision which meant more intrusive searches, and he was bound by it. He moved to change it, but he cannot unilaterally change a contract. People v. Absher<\/a>, 242 Ill. 2d 77, 950 N.E.2d 659 (2011):<\/p>\n

We find this case to be analogous to [People v.] Evans<\/a>[, 174 Ill.2d 320, 220 Ill.Dec. 332, 673 N.E.2d 244 (1996)] and, therefore, similarly governed by principles of contract law. Here, defendant and the State entered into a fully negotiated plea agreement in which defendant pled guilty to a charge in exchange for the State\u2019s recommendation of a specific sentence: two years\u2019 probation, with the first year being \u201cintensive.\u201d Faced with the possibility of imprisonment and a complete loss of freedom and privacy rights, defendant opted to avoid incarceration and agree to probation, including a year of the more restrictive \u201cintensive\u201d version and its greater invasion of privacy. This bargain was advantageous to defendant, as he avoided jail time and gave up nothing by agreeing to probation and its restrictions. The bargain was also advantageous to the State, in that it assured that defendant was required to comply with the more restrictive conditions of intensive probation for the first year. It is undisputed that the agreement was explained to defendant, he understood its provisions and he freely signed the form.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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