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IL parolees are in the same position as CA's in Samson; anonymous tip supported search

By John Wesley Hall, Jr.

Illinois holds that its parolees are in the same position as California's in Samson. Here, police received an anonymous unsupported tip that appellant was in possession, so they conducted a search. Trial court suppressed, but the court of appeals reversed (People v. Wilson, 364 Ill. App. 3d 762, 301 Ill. Dec. 743, 847 N.E.2d 753 (1st Dist. 2006). The Illinois Supreme Court reversed and affirmed the trial court. People v. Wilson, 2008 Ill. LEXIS 276 (February 7, 2008). Pulling a gun on the defendant is a detention subject to constitutional safeguards. "Defendant was detained when Agent Ballou drew his gun, asked him whether he was carrying any weapons, and caused him to submit to the officers' display of authority." State v. Gutierrez, 2008 NMCA 15, 2007 N...continue to full post

Full post as published by Fourth Amendment on February 09, 2008 (boomark / email).