{"id":633,"date":"2007-07-18T14:57:06","date_gmt":"2006-12-15T19:43:39","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2006-12-15T19:43:39","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=633","title":{"rendered":"Illinois court questions pre-Thornton<\/em> contemporaneity case law"},"content":{"rendered":"

Search incident did not need to immediately follow arrest. Defendant was stopped because officer knew from talking to the defendant two days earlier that defendant’s driver’s license was suspended. The officer saw the defendant driving and pulled him over. The driver’s license was still suspended, and the officer allowed the defendant to throw away a donut wrapper before arrest. He noticed, however, that the defendant also discarded a baggie likely holding drugs. He handcuffed the defendant, retrieved the drugs and then validly searched the car. People v. Neff, 369 Ill. App. 3d 358, 867 N.E.2d 980 (4th Dist. 2006). (For those from Illinois, the court opined that People v. Stehman,<\/em> 203 Ill. 2d 26, 270 Ill. Dec. 426, 783 N.E.2d 1 (2002), on the contemporaneity requirement may no longer be good law under Thornton<\/em> even though Illinois might depart from the Fourth Amendment in some circumstances. One might think that the court is fishing for the state supreme court to take it up now and get it over with.)<\/p>\n

Officers asked defendant on a bicycle in a high crime area to come over to talk to them. He started to and then fled. Flight + suspicious behavior + high crime area = reasonable suspicion. State v. Vance, 948 So. 2d 1106 (La. App. 5th Cir. December 12, 2006, released for publication March 2, 2007).*<\/p>\n

Smell of burnt marijuana during traffic stop coupled with furtive movements in the car was grounds for search. Commonwealth v. Lites, 67 Mass. App. Ct. 815, 858 N.E.2d 302 (December 14, 2006).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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