Articles Tagged with Fourth Amendment

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The State of Illinois appealed from the lower court’s granting of three co-defendants’ motions to suppress contraband found following a dog sniff of their car. This fall, the Illinois Court of Appeals for the Second District held that the dog sniff violated the Fourth Amendment because the traffic stop was illegally prolonged. This case’s analysis of the Fourth Amendment is relevant to Illinois DUI law.

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The three defendants were charged with armed violence, unlawful possession of heroin with the intent to deliver, and unlawful possession of heroin. The defendants moved to suppress the evidence seized from the car that defendant 1 drove and in which defendants 2 and 3 were passengers.

One afternoon in November 2015, an Illinois officer noticed a car with Minnesota license plates closely following a tractor-trailer. In addition, some of the car’s windows were tinted heavily. Thus, the officer effectuated a traffic stop.