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IL follows Hudson under state constitution in knock-and-announce violation

By John Wesley Hall, Jr.

The Illinois Court of Appeals follows Hudson in not applying the exclusionary rule to a no-knock violation under its state constitution, finding that the state Supreme Court would probably follow Hudson. People v. Glorioso, 2010 Ill. App. LEXIS 107 (February 16, 2010)*: We turn to the second prong--long-standing state constitutional law. Here, we find little to suggest that the supreme court would conclude (or that we ought to conclude) that adopting Hudson would violate established precedent. Although the supreme court applied the exclusionary rule to knock-and-announce violations in Ouellette and Condon, the court in each case assumed, without any discussion, that the exclusionary rule applied under both the federal and the state constitutions...continue to full post

Full post as published by Fourth Amendment on February 23, 2010 (boomark / email).