{"id":7145,"date":"2012-08-23T11:05:01","date_gmt":"2012-05-18T07:32:35","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-05-18T07:32:35","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=7145","title":{"rendered":"IL: Asking for identifying information at a car with the hood up was not a criminal investigation"},"content":{"rendered":"

Officer saw a vehicle pull off a well-traveled road, stop, and the driver opened the hood. The officer stopped to see if the driver needed assistance and asked for the driver\u2019s identifying information. This led to the officer finding that defendant\u2019s DL was revoked. The fact that the officer asked for defendant\u2019s identifying information did not necessitate a conclusion that he was conducting a criminal investigation. Further, the officer\u2019s asking for defendant\u2019s identifying information had the safety benefit of allowing the officer to know whom he was dealing with, should defendant attempt to harm one of the officers or flee. People v. Mains<\/a>, 969 N.E.2d 926, 2012 IL App (2d) 110262 (2012).<\/p>\n

Officers had a warrant for defendant\u2019s arrest, and his mother was found to have consented to an entry into her apartment. She said he wasn\u2019t home and she\u2019d call him. A cell phone rang in the back of the house, and the police went to look finding defendant going out the window. In plain view were drugs and a handgun. The entry into the apartment was valid as was looking for defendant because he was expected to be armed. State v. Craft<\/a>, 425 N.J. Super. 546, 42 A.3d 222 (2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-7145","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7145","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=7145"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7145\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7145"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7145"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7145"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}