{"id":6359,"date":"2012-04-05T09:35:43","date_gmt":"2011-12-05T00:11:36","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-12-04T11:05:20","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6359","title":{"rendered":"IL: SI for child support arrest of known gang member was reasonable"},"content":{"rendered":"

Police got a tip that defendant had a civil arrest warrant for him for child support, and he was arrested and his bag was searched incident to arrest. Since he was a known gang member, a search of his bag for a weapon was permissible. People v. Cregan<\/a>, 961 N.E.2d 926, 2011 IL App (4th) 100477 (2011)*:<\/p>\n

[**P27] Defendant next contends officers were limited to a brief search for weapons as they could not expect to find any evidence of defendant’s failure to pay child support in the luggage. We conclude the scope of the search was not limited in any way by the absence of evidence of failure to pay child support as a justification for the search. The court in Robinson<\/a>, 414 U.S. at 234-35, made it clear a search for weapons is just as important and thorough as a search for evidence. The mere fact an officer cannot expect to uncover evidence of the crime charged during a search in no way limits the scope or intensity of the search. See Robinson<\/a>, 414 U.S. at 234 (narrower Terry standards do not limit a search merely because officers do not expect to uncover evidence of the particular crime for which the defendant was arrested during the search).<\/p>\n

[**P28] Officers admitted they were not searching for evidence of the crime of failure to pay child support. This did not limit the search to a more restrictive sweep for weapons. Defendant’s argument the officers’ search should have been confined to a quick weapons check fails. The situation afforded officers wide latitude to conduct a thorough search of defendant’s luggage, including the container of hair gel located inside.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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