Category Archives: Probable Cause

Category Archives: Probable Cause

The United States Supreme Court issues decision on warrantless blood draw in DUI case

Today, the United States Supreme Court, in Missouri V. McNeely, 569 U.S. __ (No. 11-1425)(2013), ruled that absent exigent circumstances, police officers must request search warrants to forcibly draw blood from persons who they have probable cause to believe have been driving under the influence of alcohol. The Court rejected a request for a per […]

Illinois Supreme Court Finds Probable Cause for Drug Arrest for Yelling of One Word

Previously I posted about an Illinois appellate court case that upheld probable cause to arrest someone for soliciting unlawful business on a public way under the Chicago Municipal Code, /2/category/probable%20cause/1.html. In that case, People v. Neal (No. 1-09-2814) https://www.state.il.us/court/Opinions/AppellateCourt/2011/1stDistrict/June/1092814.pdf, the First District upheld a search which resulted in an arrest for possession of heroin. Last […]

Illinois Appellate Court Affirmed Finding of Probable Cause to Arrest Based on Repeatedly Yelling One Word

On July 27, 2011, the Illinois Appellate Court’s First District issued a corrected opinion in People v. Neal (No. 1-09-2814) https://www.state.il.us/court/Opinions/AppellateCourt/2011/1stDistrict/June/1092814.pdf, that a person standing on a street corner repeatedly yelling the word “blows” was properly subject to an arrest for a Chicago ordinance violation and property subjected to a custodial search which uncovered heroin. […]

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