limited lockstep doctrine (Illinois) · Go Syfert
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limited lockstep doctrine in Illinois

30 Illinois opinions name it 2 courts 2006–2025 6 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

CaseFollowedCited
People v. Caballesgreen
ill · 2006 · cited in 13 Illinois opinions naming this issue, 2006–2025
2 sentences

2025I write separately to reassert the position I stated in People v. Sneed, 2023 IL 127968, ¶¶ 133-68 (Neville, J., dissenting), and People v. Clark, 2024 IL 127838, ¶¶ 118-25 (Neville, J., dissenting): this court should overrule People v. Caballes, 221 Ill. 2d 282, 288-317 (2006), insofar as that case imposed the limited lockstep doctrine on Illinois courts.

2025Defendant argues that the difference in language between these two constitutional provisions is sufficient to warrant breaking from the limited lockstep doctrine, under which we will construe the Illinois Constitution as providing greater protection than the U.S. Constitution 13 when we can find “in the debates and the committee reports of the constitutional convention, something which will indicate that the provisions of our constitution are intended to be construed differently than are similar provisions in the Federal Constitution, after which they are patterned.” People v. Caballes, 221 Il

1013
People v. Fitzpatrickgreen
ill · 2013 · cited in 9 Illinois opinions naming this issue, 2017–2021
2 sentences

2021Id. at 316-17 . 19 ¶ 46 Our supreme court did a limited lockstep analysis for the purpose of article I, section 6, of our state constitution in Caballes and “determined that the framers intended for it to have the same scope as the fourth amendment.” Fitzpatrick, 2013 IL 113449, ¶ 15 (citing Caballes, 221 Ill. 2d at 296-97 ).

2020Id. at 316-17 . 19 ¶ 46 Our supreme court did a limited lockstep analysis for the purpose of article I, section 6, of our state constitution in Caballes and “determined that the framers intended for it to have the same scope as the fourth amendment.” Fitzpatrick, 2013 IL 113449, ¶ 15 (citing Caballes, 221 Ill. 2d at 296-97 ).

79
People v. Tislergreen
ill · 1984 · cited in 3 Illinois opinions naming this issue, 2011–2025
2 sentences

2025Defendant argues that the difference in language between these two constitutional provisions is sufficient to warrant breaking from the limited lockstep doctrine, under which we will construe the Illinois Constitution as providing greater protection than the U.S. Constitution 13 when we can find “in the debates and the committee reports of the constitutional convention, something which will indicate that the provisions of our constitution are intended to be construed differently than are similar provisions in the Federal Constitution, after which they are patterned.” People v. Caballes, 221 Il

2011See People v. Tisler, 103 Ill. 2d 226, 245 (1984) (“Any variance between the Supreme Court’s construction of the provisions of the fourth 14 There is no small amount of irony in the circuit court’s rulings to dispense with the defendants’ res judicata argument that the claims under the Illinois Constitution had to be resolved in state court and the court’s acceptance of the defendant’s collateral estoppel argument to preclude those same claims in state court. -24- amendment in the Federal Constitution and similar provisions in the Illinois Constitution must be based on more substantial grounds

33
The Hope Clinic for Women, Ltd. v. Floresgreen
ill · 2013 · cited in 2 Illinois opinions naming this issue, 2020–2020
2 sentences

2020Hope Clinic for Women, Ltd. v. Flores, 2013 IL 112673, ¶ 47 (explaining the limited lockstep doctrine). 16 Supp. 2019)), and wagering tickets (230 ILCS 10/18(b)(1) (West 2018)); prohibiting their gun ownership without parental permission (430 ILCS 65/4(a)(2)(i) (West 2018)); and limiting Class X sentencing for recidivist offenders to those offenders “over the age of 21 years” (730 ILCS 5/5-4.5-95(b) (West 2018)).

2020Hope Clinic for Women, Ltd. v. Flores, 2013 IL 112673, ¶ 47 (explaining the limited lockstep doctrine). -9- Leader Barbara Flynn Currie argued that under-21-year-olds are “young people” who “do not always have good judgment.” 100th Ill. Gen.

22
United States v. William Curtis, IIIgreen
ca3 · 1982 · cited in 2 Illinois opinions naming this issue, 2010–2010
2 sentences

2010Rather, the Ramirez court determined that the error found to be reversible was not sufficiently egregious to give rise to an inference that the prosecutor intended to provoke a mistrial: “[T]he reference to the defendant’s silence ***, which we held to be error, did not even prompt a defense objection, much less a motion for mistrial. ‘In view of the failure of both the defense counsel and the trial judge to recognize immediately the need for a mistrial, it is difficult to credit the premise that the prosecutor could not have committed such conduct without knowing and intending that mistrial w

2010Rather, the Ramirez court determined that the error found to be reversible was not sufficiently egregious to give rise to an inference that the prosecutor intended to provoke a mistrial: "[T]he reference to the defendant's silence 16 No. 1-09-1001 ***, which we held to be error, did not even prompt a defense objection, much less a motion for mistrial. 'In view of the failure of both the defense counsel and the trial judge to recognize immediately the need for a mistrial, it is difficult to credit the premise that the prosecutor could not have committed such conduct without knowing and intendin

22
In Re EHgreen
ill · 2006 · cited in 2 Illinois opinions naming this issue, 2017–2018
2 sentences

2018It is settled that “cases should be decided on nonconstitutional grounds whenever possible, reaching constitutional issues only as a last resort.” In re E.H., 224 Ill. 2d 172, 178 (2006) (collecting cases).

2017It is settled that "cases should be decided on nonconstitutional grounds whenever possible, reaching constitutional issues only as a last resort." In re E.H. , 224 Ill.2d 172 , 178, 309 Ill.Dec. 1 , 863 N.E.2d 231 (2006) (collecting cases).

12
United States v. Millerred
scotus · 1976 · cited in 2 Illinois opinions naming this issue, 2011–2011
2 sentences

2011The appellate court also refused to adopt as a matter of state law the holding of the United States Supreme Court in United States v. Miller, 425 U.S. 435, 442-43 , 96 S.Ct. 1619 , 48 L.Ed.2d 71 (1976), which stated that a person had no legitimate expectation of privacy in his or her bank records.

2011The appellate court also refused to adopt as a matter of state law the holding of the United States Supreme Court in United States v. Miller, 425 U.S. 435, 442-43 (1976), which stated that a person had no legitimate expectation of privacy in his or her bank records.

12
People v. Sneedgreen
ill · 2023 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025I write separately to reassert the position I stated in People v. Sneed, 2023 IL 127968, ¶¶ 133-68 (Neville, J., dissenting), and People v. Clark, 2024 IL 127838, ¶¶ 118-25 (Neville, J., dissenting): this court should overrule People v. Caballes, 221 Ill. 2d 282, 288-317 (2006), insofar as that case imposed the limited lockstep doctrine on Illinois courts.

11
People v. Clarkgreen
ill · 2024 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025I write separately to reassert the position I stated in People v. Sneed, 2023 IL 127968, ¶¶ 133-68 (Neville, J., dissenting), and People v. Clark, 2024 IL 127838, ¶¶ 118-25 (Neville, J., dissenting): this court should overrule People v. Caballes, 221 Ill. 2d 282, 288-317 (2006), insofar as that case imposed the limited lockstep doctrine on Illinois courts.

11
Dobbs v. Jackson Women's Health Organizationgreen
scotus · 2022 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023See Dobbs, 597 U.S. at ___ , 142 S. Ct. at 2301 (Thomas, J., concurring). ¶ 161 The limited lockstep doctrine adopted in Caballes requires this court to allow the expansion of governmental powers whenever five justices of the United States Supreme Court approve such expansion, even when this court believes the United States Supreme Court’s decision does not persuasively state the intention of the framers of the Illinois Constitution, unless this court finds one of the very limited bases allowed under Caballes for refusing to adopt the United States Supreme Court’s interpretation.

11
Fisher v. United Statesgreen
scotus · 1976 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023This Court Should Not Apply Fisher to This Case ¶ 170 The majority uses the lockstep doctrine as authority for inflicting dicta from Fisher v. United States, 425 U.S. 391, 409 (1976), on the citizens of Illinois, despite the unpersuasive reasoning of Fisher and the inapplicability of the case to the facts in Sneed’s case.

11
People v. Carreragreen
ill · 2002 · cited in 1 Illinois opinions naming this issue, 2018–2018
1 sentence

2018See Carrera, 203 Ill. 2d 1 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (12)

CaseCitedYears
United States v. Jones green
scotus · 2012
2 sentences

2021People v. Fitzpatrick, 2013 IL 113449, ¶ 28 . ¶ 31 It is plaintiff’s contention that, because the City requires food trucks to install a GPS device on their vehicles as a condition of their licensure, there is no voluntary consent to this physical intrusion on their private property and, therefore, the GPS requirement is a search pursuant to the property-based framework in United States v. Jones, 565 U.S. 400 (2012).

2019People v. Fitzpatrick, 2013 IL 113449, ¶ 28 . ¶ 31 It is plaintiff’s contention that because the City requires food trucks to install a GPS device on their vehicles as a condition of their licensure, there is no voluntary consent to this physical intrusion on their private property and, therefore, the GPS requirement is a search pursuant to the property-based framework in United States v. Jones, 565 U.S. 400 (2012).

22019–2021
United States v. Erick Charles green
ca7 · 2015
2 sentences

2020It explained that “[b]ecause probable cause is a component of both the federal and state search and seizure provisions, [Illinois courts] follow federal law pursuant to the limited lockstep doctrine” and “[f]ederal case law holds that probable cause for arrest would not be retroactively invalidated by subsequent declaration of a statute’s unconstitutionality on federal grounds.” Id. ¶ 39 (citing Michigan v. DeFillippo, 443 U.S. 31 (1979), and United States v. Charles, 801 F.3d 855 (7th Cir. 2015)). ¶ 17 Quoting at length from the United States Supreme Court’s opinion in DeFillippo, the Holmes

2020It explained that “[b]ecause probable cause is a component of both the federal and state search and seizure provisions, [Illinois courts] follow federal law pursuant to the limited lockstep doctrine” and “[f]ederal case law holds that probable cause for arrest would not be retroactively invalidated by subsequent declaration of a statute’s unconstitutionality on federal grounds.” Id. ¶ 39 (citing Michigan v. DeFillippo, 443 U.S. 31 (1979), and United States v. Charles, 801 F.3d 855 (7th Cir. 2015)). ¶ 17 Quoting at length from the United States Supreme Court’s opinion in DeFillippo, the Holmes

22020–2020
Michigan v. DeFillippo green
scotus · 1979
2 sentences

2020It explained that “[b]ecause probable cause is a component of both the federal and state search and seizure provisions, [Illinois courts] follow federal law pursuant to the limited lockstep doctrine” and “[f]ederal case law holds that probable cause for arrest would not be retroactively invalidated by subsequent declaration of a statute’s unconstitutionality on federal grounds.” Id. ¶ 39 (citing Michigan v. DeFillippo, 443 U.S. 31 (1979), and United States v. Charles, 801 F.3d 855 (7th Cir. 2015)). ¶ 17 Quoting at length from the United States Supreme Court’s opinion in DeFillippo, the Holmes

2020It explained that “[b]ecause probable cause is a component of both the federal and state search and seizure provisions, [Illinois courts] follow federal law pursuant to the limited lockstep doctrine” and “[f]ederal case law holds that probable cause for arrest would not be retroactively invalidated by subsequent declaration of a statute’s unconstitutionality on federal grounds.” Id. ¶ 39 (citing Michigan v. DeFillippo, 443 U.S. 31 (1979), and United States v. Charles, 801 F.3d 855 (7th Cir. 2015)). ¶ 17 Quoting at length from the United States Supreme Court’s opinion in DeFillippo, the Holmes

22020–2020
People v. Hauschild yellow
ill · 2007
2 sentences

2018Oct. 23, 2007), which amended the armed violence statute, revived the sentencing enhancement in the armed robbery statute that this court held unconstitutional in People v. Hauschild, 226 Ill. 2d 63 (2007).

2017Oct. 23, 2007), which amended the armed violence statute, revived the sentencing enhancement in the armed robbery statute that this court held unconstitutional in People v. Hauschild , 226 Ill. 2d 63 , 312 Ill.Dec. 601 , 871 N.E.2d 1 (2007).

22017–2018
People v. Blair green
ill · 2013
2 sentences

2018Strict application of the Illinois void ab initio doctrine, to the -7- literal extent posited by defendant, would conflict with our continued adherence to the limited lockstep doctrine. ¶ 30 People v. Blair and People v. McFadden ¶ 31 Our conclusion is consistent with this court’s recent decisions in People v. Blair, 2013 IL 114122 , and People v. McFadden, 2016 IL 117424 . ¶ 32 First, in Blair, this court considered whether Public Act 95-688 (eff.

2017Strict application of the Illinois void ab initio doctrine, to the literal extent posited by defendant, would conflict with our continued adherence to the limited lockstep doctrine. *420 ¶ 30 People v. Blair and People v. McFadden ¶ 31 Our conclusion is consistent with this court's recent decisions in People v. Blair , 2013 IL 114122 , 369 Ill.Dec. 126 , 986 N.E.2d 75 , and People v. McFadden , 2016 IL 117424 , 406 Ill.Dec. 470 , 61 N.E.3d 74 . ¶ 32 First, in Blair , this court considered whether Public Act 95-688 (eff.

22017–2018
People v. McFadden green
ill · 2016
2 sentences

2018Strict application of the Illinois void ab initio doctrine, to the -7- literal extent posited by defendant, would conflict with our continued adherence to the limited lockstep doctrine. ¶ 30 People v. Blair and People v. McFadden ¶ 31 Our conclusion is consistent with this court’s recent decisions in People v. Blair, 2013 IL 114122 , and People v. McFadden, 2016 IL 117424 . ¶ 32 First, in Blair, this court considered whether Public Act 95-688 (eff.

2017Strict application of the Illinois void ab initio doctrine, to the literal extent posited by defendant, would conflict with our continued adherence to the limited lockstep doctrine. *420 ¶ 30 People v. Blair and People v. McFadden ¶ 31 Our conclusion is consistent with this court's recent decisions in People v. Blair , 2013 IL 114122 , 369 Ill.Dec. 126 , 986 N.E.2d 75 , and People v. McFadden , 2016 IL 117424 , 406 Ill.Dec. 470 , 61 N.E.3d 74 . ¶ 32 First, in Blair , this court considered whether Public Act 95-688 (eff.

22017–2018
People v. Nesbitt green
illappct · 2010
2 sentences

2011The Nesbitt court held that, although the limited lockstep doctrine applied to the state's search and seizure clause, the limited lockstep doctrine did not apply when "determining the parameters of the Illinois Constitution's privacy provision." Nesbitt, 405 Ill.App.3d at 828 , 345 Ill.Dec. 161 , 938 N.E.2d 600 .

2011The Nesbitt court held that, although the limited lockstep doctrine applied to the state’s search and seizure clause, the limited lockstep doctrine did not apply when “determining the parameters of the Illinois Constitution’s privacy provision.” Nesbitt, 405 Ill. App. 3d at 828 .

22011–2011
People v. Ramirez green
ill · 1986
2 sentences

2010Rather, the Ramirez court determined that the error found to be reversible was not sufficiently egregious to give rise to an inference that the prosecutor intended to provoke a mistrial: “[T]he reference to the defendant’s silence ***, which we held to be error, did not even prompt a defense objection, much less a motion for mistrial. ‘In view of the failure of both the defense counsel and the trial judge to recognize immediately the need for a mistrial, it is difficult to credit the premise that the prosecutor could not have committed such conduct without knowing and intending that mistrial w

2010Rather, the Ramirez court determined that the error found to be reversible was not sufficiently egregious to give rise to an inference that the prosecutor intended to provoke a mistrial: "[T]he reference to the defendant's silence 16 No. 1-09-1001 ***, which we held to be error, did not even prompt a defense objection, much less a motion for mistrial. 'In view of the failure of both the defense counsel and the trial judge to recognize immediately the need for a mistrial, it is difficult to credit the premise that the prosecutor could not have committed such conduct without knowing and intendin

22010–2010
Curtis v. United States green
scotus · 1982
2 sentences

2010Rather, the Ramirez court determined that the error found to be reversible was not sufficiently egregious to give rise to an inference that the prosecutor intended to provoke a mistrial: “[T]he reference to the defendant’s silence ***, which we held to be error, did not even prompt a defense objection, much less a motion for mistrial. ‘In view of the failure of both the defense counsel and the trial judge to recognize immediately the need for a mistrial, it is difficult to credit the premise that the prosecutor could not have committed such conduct without knowing and intending that mistrial w

2010Rather, the Ramirez court determined that the error found to be reversible was not sufficiently egregious to give rise to an inference that the prosecutor intended to provoke a mistrial: "[T]he reference to the defendant's silence 16 No. 1-09-1001 ***, which we held to be error, did not even prompt a defense objection, much less a motion for mistrial. 'In view of the failure of both the defense counsel and the trial judge to recognize immediately the need for a mistrial, it is difficult to credit the premise that the prosecutor could not have committed such conduct without knowing and intendin

22010–2010
Dusanek v. O'Donnell green
scotus · 1982
2 sentences

2010Rather, the Ramirez court determined that the error found to be reversible was not sufficiently egregious to give rise to an inference that the prosecutor intended to provoke a mistrial: “[T]he reference to the defendant’s silence ***, which we held to be error, did not even prompt a defense objection, much less a motion for mistrial. ‘In view of the failure of both the defense counsel and the trial judge to recognize immediately the need for a mistrial, it is difficult to credit the premise that the prosecutor could not have committed such conduct without knowing and intending that mistrial w

2010Rather, the Ramirez court determined that the error found to be reversible was not sufficiently egregious to give rise to an inference that the prosecutor intended to provoke a mistrial: "[T]he reference to the defendant's silence 16 No. 1-09-1001 ***, which we held to be error, did not even prompt a defense objection, much less a motion for mistrial. 'In view of the failure of both the defense counsel and the trial judge to recognize immediately the need for a mistrial, it is difficult to credit the premise that the prosecutor could not have committed such conduct without knowing and intendin

22010–2010
People v. Chapman green
illappct · 2007
2 sentences

2010The court then stated in dictum that, given Caballes’s reaffirmation of the limited-lockstep doctrine, “we believe the Supreme Court of Illinois would likely adhere to Hudson.” Chapman, 379 Ill.

2010The court then stated in dictum that, given Caballes's reaffirmation of the limited-lockstep doctrine, "we believe the Supreme Court of Illinois would likely adhere to Hudson . " Chapman, 379 Ill.App.3d at 325 , 318 Ill.Dec. 279 , 883 N.E.2d 510 .

12010–2010
People v. Stehman green
ill · 2002
2 sentences

2007In People v. Stehman, 203 Ill. 2d 26 (2002), the issue presented was "whether Belton's bright-line rule extends to a situation where the first contact the defendant has with the officer occurs after [the defendant has exited] the vehicle." Stehman, 203 Ill. 2d at 36 .

2007In People v. Stehman, 203 Ill. 2d 26 (2002), the issue presented was "whether Belton's bright-line rule extends to a situation where the first contact the defendant has with the officer occurs after [the defendant has exited] the vehicle." Stehman, 203 Ill. 2d at 36 .

12007–2007

Statutes the citing opinions construe

IL § 720 ILCS 550/4 (5) IL § 720 ILCS 570/401 (5) IL § 720 ILCS 570/402 (5) IL § 720 ILCS 5/24-1.6 (4) IL § 625 ILCS 5/12-201 (3) IL § 720 ILCS 600/3.5 (3) IL § 725 ILCS 5/122-1 (3) IL § 725 ILCS 5/122-2.1 (3) IL § 730 ILCS 5/5-4.5-95 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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