Does the use of police emergency lights to curb a vehicle constitute a “seizure?”By Daniel T. GillespieTraffic Laws and Courts, May 2000In City of Highland Park v. Lee, 291 Ill. App. 3d 146, 694 N.E. 2d 673, 230 Ill. Dec. 704 (2d Dist. 1997), the Illinois Appellate Court held that the use of police emergency lights constitutes a show of authority used to restrain the liberty of a motorist.
Wyoming v. Houghton: The pendulum continues its swing to the rightBy Daniel T. GillespieTraffic Laws and Courts, October 1999Twenty years ago, then Justice Rehnquist joined Justice Blackmun's dissent in Arkansas v. Sanders, 442 U.S. 753, 99 S. Ct. 2586, 61 L. Ed. 2d 235 (1979), urging the Court to adopt a clear-cut rule to the effect that a warrant should not be required to seize and search personal property found in an automobile that may in turn be seized and searched without a warrant pursuant to Carroll v. United States, 267 U.S. 132, 69 L. Ed. 543, 45 S. Ct. 280 (1925) and Chambers v. Maroney, 399 U.S. 42, 90 S. Ct. 1975, 26 L. Ed. 2d 419 (1970).
When are PBT test results admissible?By Daniel T. GillespieTraffic Laws and Courts, April 1999In People v. Davis, 296 Ill. App. 3d 923 (3d Dist. 1998), the Illinois Appellate Court addressed the issue of whether the results of a preliminary breath screening test (PBT) can be introduced by the state at a hearing on a motion to suppress evidence and quash the arrest for driving under the influence of alcohol.
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