10 Illinois opinions name it 2 courts 1980–2023 4 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.
| Case | Followed | Cited |
|---|---|---|
Kentucky v. Kinggreen1 sentence2023See Michigan Department of State Police v. Sitz, 496 U.S. 444 (1990) (highway sobriety checkpoints do not violate fourth amendment); Illinois v. Wardlow, 528 U.S. 119, 124-25 (2000) (police did not violate the fourth amendment when they searched a citizen in a high-crime area because he ran from police); Kentucky v. King, 563 U.S. 452, 462-63 (2011) (the exigency exception to the warrant requirement applies even if the police have created the exigency themselves by - 40 - knocking and announcing their presence rather than simply obtaining a warrant when possible). ¶ 160 We cannot forget that t | 1 | 1 |
Michigan Department of State Police v. Sitzgreen1 sentence2023See Michigan Department of State Police v. Sitz, 496 U.S. 444 (1990) (highway sobriety checkpoints do not violate fourth amendment); Illinois v. Wardlow, 528 U.S. 119, 124-25 (2000) (police did not violate the fourth amendment when they searched a citizen in a high-crime area because he ran from police); Kentucky v. King, 563 U.S. 452, 462-63 (2011) (the exigency exception to the warrant requirement applies even if the police have created the exigency themselves by - 40 - knocking and announcing their presence rather than simply obtaining a warrant when possible). ¶ 160 We cannot forget that t | 1 | 1 |
Dobbs v. Jackson Women's Health Organizationgreen1 sentence2023See Dobbs v. Jackson Women’s Health Organization, 597 U.S. ___ , 142 S. Ct. 2228 (2022). | 1 | 1 |
Illinois v. Wardlowgreen1 sentence2023See Michigan Department of State Police v. Sitz, 496 U.S. 444 (1990) (highway sobriety checkpoints do not violate fourth amendment); Illinois v. Wardlow, 528 U.S. 119, 124-25 (2000) (police did not violate the fourth amendment when they searched a citizen in a high-crime area because he ran from police); Kentucky v. King, 563 U.S. 452, 462-63 (2011) (the exigency exception to the warrant requirement applies even if the police have created the exigency themselves by - 40 - knocking and announcing their presence rather than simply obtaining a warrant when possible). ¶ 160 We cannot forget that t | 1 | 1 |
Johnson v. City of Memphisgreen1 sentence2022See Johnson v. City of Memphis, 617 F.3d 864, 869-70 (6th Cir. 2010) (holding “that the combination of a 911 hang call, an unanswered return call, and an open door with no response from within the residence is sufficient to satisfy the exigency requirement” and “[t]he officers’ actions—announcing their presence and, after receiving no answer, entering in order to perform a cursory search for any endangered or injured persons—was an objectively reasonable response”). ¶ 55 Defendant argues the passage of time from the officers’ arrival on the scene and their entry into the apartment, “[r]oughly” | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Mitchell v. Wisconsin
green
2 sentences2021The Court explained that an unconscious DUI suspect presents “just the kind of scenario for which the exigency rule was born.” Id. at ___, 139 S. Ct. at 2538 . ¶ 55 The Court was careful to note, however, that it was not departing from the totality-of-the- circumstances approach to determining exigent circumstances. 2021The Court explained that an unconscious DUI suspect presents “just the kind of scenario for which the exigency rule was born.” Id. at ___, 139 S. Ct. at 2538 . ¶ 55 The Court was careful to note, however, that it was not departing from the totality-of-the- circumstances approach to determining exigent circumstances. | 2 | 2019–2021 |
People v. McNeal
green
2 sentences2000Although our supreme court has noted that an exigency analysis should be judged under the totality of circumstances of each case, it has listed some factors to consider including whether: "(1) the crime under investigation was recently committed; (2) there was any deliberate or unjustified delay by the police during which time a warrant could have been obtained; (3) a grave offense was involved, particularly a crime of violence; (4) there was [a] reasonable belief that the suspect was armed; (5) the police officers were acting on a clear showing of probable cause; (6) there was a likelihood th 2000Although our supreme court has noted that an exigency analysis should be judged under the totality of circumstances of each case, it has listed some factors to consider, including whether: “(1) the crime under investigation was recently committed; (2) there was any deliberate or unjustified delay by the police during which time a warrant could have been obtained; (3) a grave offense was involved, particularly a crime of violence; (4) there was [a] reasonable belief that the suspect was armed; (5) the police officers were acting on a clear showing of probable cause; (6) there was a likelihood t | 2 | 2000–2000 |
Roe v. Wade
red
1 sentence2023See Michigan Department of State Police v. Sitz, 496 U.S. 444 (1990) (highway sobriety checkpoints do not violate fourth amendment); Illinois v. Wardlow, 528 U.S. 119, 124-25 (2000) (police did not violate the fourth amendment when they searched a citizen in a high-crime area because he ran from police); Kentucky v. King, 563 U.S. 452, 462-63 (2011) (the exigency exception to the warrant requirement applies even if the police have created the exigency themselves by - 40 - knocking and announcing their presence rather than simply obtaining a warrant when possible). ¶ 160 We cannot forget that t | 1 | 2023–2023 |
People v. Morrow
green
1 sentence2021Importantly, the exigency factors need only be satisfied “on balance.” See Morrow, 104 Ill. | 1 | 2021–2021 |
People v. Davis
green
1 sentence1982App. 3d 217, 221 , 416 N.E.2d 1197 , contains a concise list of these factors: “(1) whether a grave offense is involved, particularly one that is a crime of violence; (2) the suspect is reasonably believed to be armed; (3) there exists not merely the minimum of probable cause that is required when a warrant has been issued but beyond that a clear showing of probable cause; (4) strong reason exists to believe the suspect is in the premises being entered; (5) there is a likelihood that the suspect will escape if not swiftly apprehended; (6) whether the entry is forceable or peaceful; and (7) the | 1 | 1982–1982 |
People v. Abney
green
1 sentence1982In Payton, the court adopted the view of those four justices, holding that a warrant is required to support a nonexigent entry into a private residence for the purpose of effecting a felony arrest.” 81 Ill. 2d 159 , 166. | 1 | 1982–1982 |
Coolidge v. New Hampshire
green
2 sentences1980Ed. 2d 564, 576 , 91 S. Ct. 2022, 2032 ), and four members of the court, in dicta, expressed the opinion that the same exigency requirement is applicable to warrantless entries to arrest ( 403 U.S. 443, 477-78 , 29 L. 1980Ed. 2d 564, 576 , 91 S. Ct. 2022, 2032 ), and four members of the court, in dicta, expressed the opinion that the same exigency requirement is applicable to warrantless entries to arrest ( 403 U.S. 443, 477-78 , 29 L. | 1 | 1980–1980 |
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.
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.