IL: Ct of Apps erred in reaching 4A claim in civil discovery dispute involving state AG when it didn’t have to

This case involves a civil discovery dispute between the state and a recycling business for an environmental inspection. The court of appeals erred in jumping to a Fourth Amendment claim without attempting to decide the case on nonconstitutional grounds under the rule that constitutional claims should be avoided, which it apparently could have done. People ex rel. Madigan v. Stateline Recycling, LLC, 2020 IL 124417, 2020 Ill. LEXIS 1044 (Dec. 3, 2020).

Defendant’s swerving in his lane and touching the lines was justification for the stop. Questioning thereafter was by consent. Reasonable suspicion developed from the DL not matching the state of the LPN, an absent third-party owner, odd travel plans, and the overwhelming odor of air freshener. Defendant’s consent found by the district court is supported by the record. The scope of that consent was broad. United States v. Gomez-Arzate, 2020 U.S. App. LEXIS 37657 (10th Cir. Dec. 2, 2020).*

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