McLaughlin violation in Illinois

21 Illinois opinions name it 2 courts 2003–2025 1 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 (9)

Case	Followed	Cited
People v. Willisgreen ill · 2005 · cited in 7 Illinois opinions naming this issue, 2005–2025 2 sentences 2025See People v. Willis, 215 Ill. 2d 517, 528 (2005). ¶ 47 In Illinois, when a Gerstein/McLaughlin violation occurs, the remedy is not automatic suppression but, rather, to “ask simply whether the confession was voluntary—whether the inherently coercive atmosphere of the police station was the impetus for the confession or whether it was the product of free will.” Id. at 535 ; see also People v. Suggs, 2016 IL App (2d) 140040, ¶ 75 (noting that “a Gerstein/McLaughlin violation is appropriately accounted for in the voluntariness analysis”). 2025See People v. Willis, 215 Ill. 2d 517, 528 (2005). ¶ 47 In Illinois, when a Gerstein/McLaughlin violation occurs, the remedy is not automatic suppression but, rather, to “ask simply whether the confession was voluntary—whether the inherently coercive atmosphere of the police station was the impetus for the confession or whether it was the product of free will.” Id. at 535 ; see also People v. Suggs, 2016 IL App (2d) 140040, ¶ 75 (noting that “a Gerstein/McLaughlin violation is appropriately accounted for in the voluntariness analysis”).	4	7
Chavez v. Stategreen fla · 2002 · cited in 4 Illinois opinions naming this issue, 2003–2005 2 sentences 2003Powell v. State, 113 Nev. 41, 43 , 930 P.2d 1123, 1126 (1997) (the court found the possible error was harmless because the defendant’s statements during the detention duplicated admissible statements he made at the time of his arrest); accord Chavez v. State, 832 So. 2d 730, 754 (Fla. 2002) (finding the error of admitting a confession arising from a McLaughlin violation was harmless). 2003Powell v. State, 113 Nev. 41, 43 , 930 P.2d 1123, 1126 (1997) (the court found the possible error was harmless because the defendant’s statements during the detention duplicated admissible statements he made at the time of his arrest); accord Chavez v. State, 832 So. 2d 730, 754 (Fla. 2002) (finding the error of admitting a confession arising from a McLaughlin violation was harmless).	4	4
Powell v. Stategreen nev · 1997 · cited in 4 Illinois opinions naming this issue, 2003–2005 2 sentences 2003Powell v. State, 113 Nev. 41, 43 , 930 P.2d 1123, 1126 (1997) (the court found the possible error was harmless because the defendant’s statements during the detention duplicated admissible statements he made at the time of his arrest); accord Chavez v. State, 832 So. 2d 730, 754 (Fla. 2002) (finding the error of admitting a confession arising from a McLaughlin violation was harmless). 2003Powell v. State, 113 Nev. 41, 43 , 930 P.2d 1123, 1126 (1997) (the court found the possible error was harmless because the defendant’s statements during the detention duplicated admissible statements he made at the time of his arrest); accord Chavez v. State, 832 So. 2d 730, 754 (Fla. 2002) (finding the error of admitting a confession arising from a McLaughlin violation was harmless).	4	4
Stephen Wayne Anderson v. Arthur Calderon, Wardengreen ca9 · 2000 · cited in 4 Illinois opinions naming this issue, 2003–2005 2 sentences 2005See, e.g., Chavez v. Florida, 832 So. 2d 730, 756-57 (Fla. 2002); Powell v. Nevada, 113 Nev. 41, 46 , 930 P.2d 1123, 1126 (1997); Tennessee v. Huddleston, 924 S.W.2d 666, 674 (Tenn. 1996); accord Anderson v. Calderon, 232 F.3d 1053, 1071 (9th Cir. 2000), overruled on other grounds, Bittaker v. Woodford, 331 F.3d 715 (9th Cir. 2003); but see Shope v. Maryland, 41 Md. 2005See, e.g. , Chavez v. Florida , 832 So. 2d 730, 756-57 (Fla. 2002); Powell v. Nevada , 113 Nev. 41, 46 , 930 P. 2d 1123, 1126 (1997); Tennessee v. Huddleston , 924 S.W.2d 666, 674 (Tenn. 1996); accord Anderson v. Calderon , 232 F.3d 1053, 1071 (9th Cir. 2000), overruled on other grounds , Bittaker v. Woodford , 331 F.3d 715 (9th Cir. 2003); but see Shope v. Maryland , 41 Md.	2	4
People v. Morgangreen ill · 2001 · cited in 2 Illinois opinions naming this issue, 2005–2005 2 sentences 2005See People v. Morgan, 197 Ill. 2d 404, 437 (2001). 2005See People v. Morgan , 197 Ill. 2d 404, 437 (2001).	2	2
State v. Huddlestongreen tenn · 1996 · cited in 2 Illinois opinions naming this issue, 2005–2005 2 sentences 2005See, e.g., Chavez v. Florida, 832 So. 2d 730, 756-57 (Fla. 2002); Powell v. Nevada, 113 Nev. 41, 46 , 930 P.2d 1123, 1126 (1997); Tennessee v. Huddleston, 924 S.W.2d 666, 674 (Tenn. 1996); accord Anderson v. Calderon, 232 F.3d 1053, 1071 (9th Cir. 2000), overruled on other grounds, Bittaker v. Woodford, 331 F.3d 715 (9th Cir. 2003); but see Shope v. Maryland, 41 Md. 2005See, e.g. , Chavez v. Florida , 832 So. 2d 730, 756-57 (Fla. 2002); Powell v. Nevada , 113 Nev. 41, 46 , 930 P. 2d 1123, 1126 (1997); Tennessee v. Huddleston , 924 S.W.2d 666, 674 (Tenn. 1996); accord Anderson v. Calderon , 232 F.3d 1053, 1071 (9th Cir. 2000), overruled on other grounds , Bittaker v. Woodford , 331 F.3d 715 (9th Cir. 2003); but see Shope v. Maryland , 41 Md.	2	2
Lawrence S. Bittaker v. Jeanne S. Woodford, Warden, California State Prison of San Quentingreen ca9 · 2003 · cited in 2 Illinois opinions naming this issue, 2005–2005 2 sentences 2005See, e.g., Chavez v. Florida, 832 So. 2d 730, 756-57 (Fla. 2002); Powell v. Nevada, 113 Nev. 41, 46 , 930 P.2d 1123, 1126 (1997); Tennessee v. Huddleston, 924 S.W.2d 666, 674 (Tenn. 1996); accord Anderson v. Calderon, 232 F.3d 1053, 1071 (9th Cir. 2000), overruled on other grounds, Bittaker v. Woodford, 331 F.3d 715 (9th Cir. 2003); but see Shope v. Maryland, 41 Md. 2005See, e.g. , Chavez v. Florida , 832 So. 2d 730, 756-57 (Fla. 2002); Powell v. Nevada , 113 Nev. 41, 46 , 930 P. 2d 1123, 1126 (1997); Tennessee v. Huddleston , 924 S.W.2d 666, 674 (Tenn. 1996); accord Anderson v. Calderon , 232 F.3d 1053, 1071 (9th Cir. 2000), overruled on other grounds , Bittaker v. Woodford , 331 F.3d 715 (9th Cir. 2003); but see Shope v. Maryland , 41 Md.	2	2
United States v. Rafael Perez-Bustamantegreen ca5 · 1992 · cited in 2 Illinois opinions naming this issue, 2003–2003 2 sentences 2003United States v. Perez-Bustamante, 963 F.2d 48, 51 (5th Cir. 1992). 2003United States v. Perez-Bustamante, 963 F.2d 48, 51 (5th Cir. 1992).	2	2
People v. Suggsgreen illappct · 2016 · cited in 2 Illinois opinions naming this issue, 2016–2025 2 sentences 2025See People v. Willis, 215 Ill. 2d 517, 528 (2005). ¶ 47 In Illinois, when a Gerstein/McLaughlin violation occurs, the remedy is not automatic suppression but, rather, to “ask simply whether the confession was voluntary—whether the inherently coercive atmosphere of the police station was the impetus for the confession or whether it was the product of free will.” Id. at 535 ; see also People v. Suggs, 2016 IL App (2d) 140040, ¶ 75 (noting that “a Gerstein/McLaughlin violation is appropriately accounted for in the voluntariness analysis”). 2016Procedural Default ¶ 59 Defendant argues on appeal that the failure to present him before a neutral magistrate for a probable-cause hearing within 48 hours of his arrest, in violation of Gerstein and McLaughlin, required the suppression of his statement to police regarding the Check ’n Go murder. - 18 - 2016 IL App (2d) 140040 Defendant, however, did not raise the Gerstein/McLaughlin issue in the trial court.	1	2

Distinguished, questioned or overruled (1)

Case	Negative	Cited
Shope v. Stategreen mdctspecapp · 1979 · cited in 2 Illinois opinions naming this issue, 2005–2005 2 sentences 2005See, e.g., Chavez v. Florida, 832 So. 2d 730, 756-57 (Fla. 2002); Powell v. Nevada, 113 Nev. 41, 46 , 930 P.2d 1123, 1126 (1997); Tennessee v. Huddleston, 924 S.W.2d 666, 674 (Tenn. 1996); accord Anderson v. Calderon, 232 F.3d 1053, 1071 (9th Cir. 2000), overruled on other grounds, Bittaker v. Woodford, 331 F.3d 715 (9th Cir. 2003); but see Shope v. Maryland, 41 Md. 2005See, e.g. , Chavez v. Florida , 832 So. 2d 730, 756-57 (Fla. 2002); Powell v. Nevada , 113 Nev. 41, 46 , 930 P. 2d 1123, 1126 (1997); Tennessee v. Huddleston , 924 S.W.2d 666, 674 (Tenn. 1996); accord Anderson v. Calderon , 232 F.3d 1053, 1071 (9th Cir. 2000), overruled on other grounds , Bittaker v. Woodford , 331 F.3d 715 (9th Cir. 2003); but see Shope v. Maryland , 41 Md.	2	2

Also cited on this issue (12)

Case	Cited	Years
Powell v. Nevada green scotus · 1994 2 sentences 2006Powell v. Nevada, 511 U.S. 79, 84-85 , 128 L. 2006Powell v. Nevada, 511 U.S. 79, 84-85 , 128 L.	8	2003–2006
People v. Willis green illappct · 2003 2 sentences 2005According to the appellate court, “When faced with an alleged McLaughlin violation, the Illinois Supreme Court * did not limit its analysis to the issue of voluntariness.” 344 Ill. 2005According to the appellate court, “When faced with an alleged McLaughlin violation, the Illinois Supreme Court * did not limit its analysis to the issue of voluntariness.” 344 Ill.	6	2004–2005
County of Riverside v. McLaughlin green scotus · 1991 2 sentences 2016Id. (citing McLaughlin, 500 U.S. at 57 ). ¶ 67 Our supreme court then examined what sort of remedy would be proper for a Gerstein/McLaughlin violation. 2016Id. (citing McLaughlin, 500 U.S. at 57 ). ¶ 67 Our supreme court then examined what sort of remedy would be proper for a Gerstein/McLaughlin violation.	2	2016–2016
People v. Enoch green ill · 1988 2 sentences 2016Because his specific objections waived all - 11 - unspecified grounds (id.), defendant has procedurally defaulted the issue he now seeks to raise on appeal (Enoch, 122 Ill. 2d at 186 ). ¶ 61 Defendant argues that, even if we believe that he has procedurally defaulted the Gerstein/McLaughlin issue, we may still review his arguments under the plain-error doctrine. 2016Because his specific objections waived all unspecified grounds (id.), defendant has procedurally defaulted the issue he now seeks to raise on appeal (Enoch, 122 Ill. 2d at 186 ). ¶ 61 Defendant argues that, even if we believe that he has procedurally defaulted the Gerstein/McLaughlin issue, we may still review his arguments under the plain-error doctrine.	2	2016–2016
People v. Walker green ill · 2009 2 sentences 2016Id. 2016Id.	2	2016–2016
People v. MacIas green illappct · 2007 2 sentences 2007Macias, 371 Ill. 2007Macias, 371 Ill.	2	2007–2007
People v. Mitchell green illappct · 2004 2 sentences 2005App. 3d 868 (2003), rev’d, 215 Ill. 2d 517 (2005), and People v. Mitchell, 354 Ill. 2005App. 3d 868 (2003), rev’d, 215 Ill. 2d 517 (2005), and People v. Mitchell, 354 Ill.	2	2005–2005
People v. Groves green illappct · 1998 2 sentences 2003Approving admission of the confession, the court said: "While there is no separate remedy for violation of the presentment rule, our supreme court has held that the delay is a factor to be considered when determining whether the confession was voluntary." Groves , 294 Ill. 2003Approving admission of the confession, the court said: “While there is no separate remedy for violation of the presentment rule, our supreme court has held that the delay is a factor to be considered when determining whether the confession was voluntary.” Groves, 294 Ill.	2	2003–2003
Wong Sun v. United States green scotus · 1963 2 sentences 2003In addition to Nevada, several states have applied the exclusionary rule as the proper remedy for a McLaughlin violation following traditional fourth amendment analysis under the “fruit of the poisonous tree” doctrine (see Wong Sun, 371 U.S. 471 , 9 L. 2003In addition to Nevada, several states have applied the exclusionary rule as the proper remedy for a McLaughlin violation following traditional fourth amendment analysis under the “fruit of the poisonous tree” doctrine (see Wong Sun, 371 U.S. 471 , 9 L.	2	2003–2003
People v. Chapman green ill · 2000 2 sentences 2003When faced with an alleged McLaughlin violation, the Illinois Supreme Court in People v. Chapman, 194 Ill. 2d 186, 215-16 , 743 N.E.2d 48 (2000), did not limit its analysis to the issue of voluntariness. 2003When faced with an alleged McLaughlin violation, the Illinois Supreme Court in People v. Chapman, 194 Ill. 2d 186, 215-16 , 743 N.E.2d 48 (2000), did not limit its analysis to the issue of voluntariness.	2	2003–2003
Brown v. Illinois green scotus · 1975 2 sentences 2003Ed. 2d 441 , 83 S. Ct. 407 ) and the attenuation factors set forth in Brown, 422 U.S. at 603-04 , 45 L. 2003Ed. 2d 441 , 83 S. Ct. 407 ) and the attenuation factors set forth in Brown, 422 U.S. at 603-04 , 45 L.	2	2003–2003
People v. Nicholas green ill · 2006 1 sentence 2006Nicholas, 218 Ill. 2d at 116 .	1	2006–2006

Statutes the citing opinions construe

USC § 42u.s.c.1983 (5) IL § 725 ILCS 5/109-1 (4) USC § 18u.s.c.3501 (4)

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.

Where else courts name it

IL 21 (2003–2025) TN 9 (1998–2016) PA 5 (1978–2020) RI 4 (2000–2007) CA 4 (1995–2008) CO 4 (1969–2024) MA 3 (1998–2013) UT 2 (2009–2013) NY 2 (1983–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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