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9 Illinois opinions name it 2 courts 1976–2004 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.
| Case | Followed | Cited |
|---|---|---|
| No positive-treatment citations attached to this issue in Illinois. | ||
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Brown v. Illinois
green
2 sentences1982The fact that Miranda warnings were given, first by Terrell, then by Detective Dearborn before the defendant's oral confession, and again by another officer at the police station before the defendant gave a written statement, is not sufficient, alone, to attenuate the taint of the police misconduct. ( Dunaway v. New York (1979), 442 U.S. 200 , 60 L.Ed.2d 824 , 99 S.Ct. 2248 ; Brown v. Illinois (1975), 422 U.S. 590 , 45 L.Ed.2d 416 , 95 S.Ct. 2254 .) In Brown v. Illinois , *249 the Supreme Court recognized three additional factors which must be considered in determining whether confessions were 1982The fact that Miranda warnings were given, first by Terrell, then by Detective Dearborn before the defendant's oral confession, and again by another officer at the police station before the defendant gave a written statement, is not sufficient, alone, to attenuate the taint of the police misconduct. ( Dunaway v. New York (1979), 442 U.S. 200 , 60 L.Ed.2d 824 , 99 S.Ct. 2248 ; Brown v. Illinois (1975), 422 U.S. 590 , 45 L.Ed.2d 416 , 95 S.Ct. 2254 .) In Brown v. Illinois , *249 the Supreme Court recognized three additional factors which must be considered in determining whether confessions were | 3 | 1976–1990 |
People v. Foskey
green
2 sentences2004Foskey, 136 Ill. 2d at 86 . 2004Foskey, 136 Ill.2d at 86 , 143 Ill.Dec. 257 , 554 N.E.2d 192 . | 2 | 2004–2004 |
Johnson v. Louisiana
green
2 sentences1986Other factors to be considered are the temporal proximity of the arrest and the confession, the presence of intervening circumstances such as an appearance by the defendant before a magistrate (a factor found to attenuate the taint in Johnson v. Louisiana (1972), 406 U.S. 356 , 32 L. 1986Other factors to be considered are the temporal proximity of the arrest and the confession, the presence of intervening circumstances such as an appearance by the defendant before a magistrate (a factor found to attenuate the taint in Johnson v. Louisiana (1972), 406 U.S. 356 , 32 L. | 2 | 1984–1986 |
People v. DeMorrow
green
2 sentences1994People v. DeMorrow, 59 Ill. 2d 352 , 320 N.E.2d 1 (1974); People v. Shaver, 77 Ill. 1994People v. DeMorrow, 59 Ill. 2d 352 , 320 N.E.2d 1 (1974); People v. Shaver, 77 Ill. | 1 | 1994–1994 |
People v. Shaver
neutral
1 sentence1994People v. DeMorrow, 59 Ill. 2d 352 , 320 N.E.2d 1 (1974); People v. Shaver, 77 Ill. | 1 | 1994–1994 |
The PEOPLE v. Haskell
green
2 sentences1994The consent must be shown to be unequivocal and specific, and every reasonable presumption is indulged against a waiver of fundamental constitutional rights. [(Haskell, 41 Ill. 2d 25 , 241 N.E.2d 430 .)] The fact that Miranda warnings had been given prior to the consent to search is a factor which tends to show voluntariness. 1994The consent must be shown to be unequivocal and specific, and every reasonable presumption is indulged against a waiver of fundamental constitutional rights. [(Haskell, 41 Ill. 2d 25 , 241 N.E.2d 430 .)] The fact that Miranda warnings had been given prior to the consent to search is a factor which tends to show voluntariness. | 1 | 1994–1994 |
Dunaway v. New York
green
2 sentences1982The fact that Miranda warnings were given, first by Terrell, then by Detective Dearborn before the defendant's oral confession, and again by another officer at the police station before the defendant gave a written statement, is not sufficient, alone, to attenuate the taint of the police misconduct. ( Dunaway v. New York (1979), 442 U.S. 200 , 60 L.Ed.2d 824 , 99 S.Ct. 2248 ; Brown v. Illinois (1975), 422 U.S. 590 , 45 L.Ed.2d 416 , 95 S.Ct. 2254 .) In Brown v. Illinois , *249 the Supreme Court recognized three additional factors which must be considered in determining whether confessions were 1982The fact that Miranda warnings were given, first by Terrell, then by Detective Dearborn before the defendant's oral confession, and again by another officer at the police station before the defendant gave a written statement, is not sufficient, alone, to attenuate the taint of the police misconduct. ( Dunaway v. New York (1979), 442 U.S. 200 , 60 L.Ed.2d 824 , 99 S.Ct. 2248 ; Brown v. Illinois (1975), 422 U.S. 590 , 45 L.Ed.2d 416 , 95 S.Ct. 2254 .) In Brown v. Illinois , *249 the Supreme Court recognized three additional factors which must be considered in determining whether confessions were | 1 | 1982–1982 |
People v. Gale
green
1 sentence1981People v. Wipfler; People v. Gale (1979), 72 Ill. | 1 | 1981–1981 |
Wong Sun v. United States
green
2 sentences1976Ed. 2d 441 , 83 S. Ct. 407 ); and the fact that Miranda warnings were given does not necessarily purge the taint of an illegal arrest (Brown v. Illinois (1975), 422 U.S. 590 , 45 L. 1976He contends that the arrest was illegal because there was no warrant and no other probable cause to arrest him and that the resulting confession was thus inadmissible in evidence against him as a fruit of the illegal arrest. • 1, 2 It is clear that statements and other evidence obtained pursuant to an illegal arrest are inadmissible as evidence unless there is some intervening act of free will ( Wong Sun v. United States (1963), 371 U.S. 471 , 9 L.Ed.2d 441 , 83 S.Ct. 407 ); and the fact that Miranda warnings were given does not necessarily purge the taint of an illegal arrest ( Brown v. Illin | 1 | 1976–1976 |
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.