desirability rule (Illinois) · Go Syfert
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desirability rule in Illinois

11 Illinois opinions name it 2 courts 1978–2006 0 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 (3)

CaseFollowedCited
United States v. Charles A. Karlingreen
ca7 · 1988 · cited in 4 Illinois opinions naming this issue, 1994–2002
2 sentences

2002Indeed, “the Court in Belton ‘remarked upon the desirability of a rule under which police could in most instances reach a correct determination beforehand, and the undesirability of litigation in every case over the existence of supporting reasons.’ ” Bailey, 159 Ill. 2d at 503-04 , quoting United States v. Karlin, 852 F.2d 968, 970 (7th Cir. 1988).

2002Indeed, “the Court in Belton ‘remarked upon the desirability of a rule under which police could in most instances reach a correct determination beforehand, and the undesirability of litigation in every case over the existence of supporting reasons.’ ” Bailey , 159 Ill. 2d at 503-04 , quoting United States v. Karlin , 852 F.2d 968, 970 (7th Cir. 1988).

34
New York v. Beltonred
scotus · 1981 · cited in 3 Illinois opinions naming this issue, 1994–2006
2 sentences

2006Ed. 2d 768, 775 , 101 S. Ct. 2860, 2864 (1981), the Court addressed the applicability of [the search-incident-to-arrest] doctrine to searches of automobiles, holding that - 7 - 'when a policeman has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile.' By applying the bright-line rule that the passenger compartment lies within the reach of the arrested occupant, Belton sought to avoid case-by-case evaluations of whether the arrestee's area of control within the automobile exte

2006Ed. 2d 768, 775 , 101 S. Ct. 2860, 2864 (1981), the Court addressed the applicability of [the search-incident-to-arrest] doctrine to searches of automobiles, holding that ‘when a policeman has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile.’ By applying the bright-line rule that the passenger compartment lies within the reach of the arrested occupant, Belton sought to avoid case-by-case evaluations of whether the arrestee’s area of control within the automobile extended t

33
People v. Baileygreen
ill · 1994 · cited in 3 Illinois opinions naming this issue, 2000–2002
2 sentences

2002Indeed, “the Court in Belton ‘remarked upon the desirability of a rule under which police could in most instances reach a correct determination beforehand, and the undesirability of litigation in every case over the existence of supporting reasons.’ ” Bailey, 159 Ill. 2d at 503-04 , quoting United States v. Karlin, 852 F.2d 968, 970 (7th Cir. 1988).

2002Indeed, “the Court in Belton ‘remarked upon the desirability of a rule under which police could in most instances reach a correct determination beforehand, and the undesirability of litigation in every case over the existence of supporting reasons.’ ” Bailey , 159 Ill. 2d at 503-04 , quoting United States v. Karlin , 852 F.2d 968, 970 (7th Cir. 1988).

13

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 (5)

CaseCitedYears
People v. Stehman green
ill · 2002
2 sentences

2006Ed. 2d 768, 775 , 101 S. Ct. 2860, 2864 (1981), the Court addressed the applicability of [the search-incident-to-arrest] doctrine to searches of automobiles, holding that ‘when a policeman has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile.’ By applying the bright-line rule that the passenger compartment lies within the reach of the arrested occupant, Belton sought to avoid case-by-case evaluations of whether the arrestee’s area of control within the automobile extended t

2006Ed. 2d 768, 775 , 101 S. Ct. 2860, 2864 (1981), the Court addressed the applicability of [the search-incident-to-arrest] doctrine to searches of automobiles, holding that ‘when a policeman has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile.’ By applying the bright-line rule that the passenger compartment lies within the reach of the arrested occupant, Belton sought to avoid case-by-case evaluations of whether the arrestee’s area of control within the automobile extended t

22006–2006
Rincon v. License Appeal Commission green
illappct · 1978
2 sentences

1981App. 3d 600, 605-06 , 378 N.E.2d 1281, 1286 .

1981It was not unreasonable for the legislature to conclude that despite the desirability of a hearing de novo, such review in municipalities of over 500,000 was simply impractical and that a review limited to the record was necessary to ensure the timely and effective discharge of the License Appeal Commission’s duties.” 62 Ill.

21981–1981
People v. Williams neutral
ill · 1908
2 sentences

1990The Director notes that his position is consistent with decisions under prior constitutional law ( e.g., People v. Williams (1908), 232 Ill. 519 ), as well as with decisions characterizing the role of the State's Attorneys for separation of powers purposes as executive in nature ( e.g., People ex rel.

1990The Director notes that his position is consistent with decisions under prior constitutional law (e.g., People v. Williams (1908), 232 Ill. 519 ), as well as with decisions characterizing the role of the State’s Attorneys for separation of powers purposes as executive in nature (e.g., People ex rel.

11990–1990
Pyatt v. Engel Equipment, Inc. green
illappct · 1974
1 sentence

1979In Pyatt v. Engel Equipment, Inc. (1974), 17 Ill.

11979–1979
Du Bois v. Gibbons green
ill · 1954
2 sentences

1978The Illinois Supreme Court “has frequently held that differences in the size of the municipalities may raise special or unique problems in connection with many activities which justify classification including * * * [the] administration of justice, [citations] • • Du Bois v. Gibbons (1954), 2 Ill. 2d 392, 402 , 118 N.E.2d 295, 301 .

1978The Illinois Supreme Court “has frequently held that differences in the size of the municipalities may raise special or unique problems in connection with many activities which justify classification including * * * [the] administration of justice, [citations] • • Du Bois v. Gibbons (1954), 2 Ill. 2d 392, 402 , 118 N.E.2d 295, 301 .

11978–1978

Where else courts name it

IL 11 (1978–2006) NJ 3 (1981–1987) CA 3 (1944–1978) NY 2 (1936–1951) MA 2 (1975–2001) PA 2 (1989–2006)

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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