state exclusionary rule (Illinois) · Go Syfert
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state exclusionary rule in Illinois

8 Illinois opinions name it 2 courts 1989–2016 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 (5)

CaseFollowedCited
Mapp v. Ohiogreen
scotus · 1961 · cited in 4 Illinois opinions naming this issue, 1996–2015
2 sentences

2015In Brocamp, this court adopted an independent state exclusionary rule almost 40 years before Mapp v. Ohio, 367 U.S. 643 (1961), made the federal exclusionary rule applicable to the states.

2015In Brocamp, this court adopted an independent state exclusionary rule almost 40 years before Mapp v. Ohio, 367 U.S. 643 (1961), made the federal exclusionary rule applicable to the states.

24
People v. Turnagegreen
ill · 1994 · cited in 2 Illinois opinions naming this issue, 2015–2015
2 sentences

2015This court recognized the Leon good-faith exception for purposes of the state exclusionary rule in People v. Stewart, 104 Ill. 2d 463, 477 (1984); see also People v. Turnage, 162 Ill. 2d 299 (1994) (applying Leon). ¶ 88 The Supreme Court extended Leon to a warrantless search for the first time in Illinois v. Krull, 480 U.S. 340 (1987).

2015This court recognized the Leon good-faith exception for purposes of the state exclusionary rule in People v. Stewart, 104 Ill. 2d 463, 477 (1984); see also People v. Turnage, 162 Ill. 2d 299 (1994) (applying Leon). ¶ 88 The Supreme Court extended Leon to a warrantless search for the first time in Illinois v. Krull, 480 U.S. 340 (1987).

22
People v. Stewartgreen
ill · 1984 · cited in 2 Illinois opinions naming this issue, 2015–2015
2 sentences

2015This court recognized the Leon good-faith exception for purposes of the state exclusionary rule in People v. Stewart, 104 Ill. 2d 463, 477 (1984); see also People v. Turnage, 162 Ill. 2d 299 (1994) (applying Leon). ¶ 88 The Supreme Court extended Leon to a warrantless search for the first time in Illinois v. Krull, 480 U.S. 340 (1987).

2015This court recognized the Leon good-faith exception for purposes of the state exclusionary rule in People v. Stewart, 104 Ill. 2d 463, 477 (1984); see also People v. Turnage, 162 Ill. 2d 299 (1994) (applying Leon). ¶ 88 The Supreme Court extended Leon to a warrantless search for the first time in Illinois v. Krull, 480 U.S. 340 (1987).

22
Illinois v. Krullgreen
scotus · 1987 · cited in 2 Illinois opinions naming this issue, 2015–2015
2 sentences

2015This court recognized the Leon good-faith exception for purposes of the state exclusionary rule in People v. Stewart, 104 Ill. 2d 463, 477 (1984); see also People v. Turnage, 162 Ill. 2d 299 (1994) (applying Leon). ¶ 88 The Supreme Court extended Leon to a warrantless search for the first time in Illinois v. Krull, 480 U.S. 340 (1987).

2015This court recognized the Leon good-faith exception for purposes of the state exclusionary rule in People v. Stewart, 104 Ill. 2d 463, 477 (1984); see also People v. Turnage, 162 Ill. 2d 299 (1994) (applying Leon). ¶ 88 The Supreme Court extended Leon to a warrantless search for the first time in Illinois v. Krull, 480 U.S. 340 (1987).

22
Illinois v. Gatesgreen
scotus · 1983 · cited in 1 Illinois opinions naming this issue, 1989–1989
2 sentences

1989If this Court were to formulate a `good faith' exception to the federal exclusionary rule, the Illinois Supreme Court would be free to consider on remand whether the state exclusionary rule should be modified accordingly. * * * The Illinois Supreme Court found not only a violation of the Fourth Amendment but also of article I, § 6, of the Illinois Constitution, which also provides assurance against unreasonable searches and seizures. * * * Illinois Courts should be given the opportunity to consider in the first instance whether a `totality of the circumstances' test should replace the more pre

1989If this Court were to formulate a `good faith' exception to the federal exclusionary rule, the Illinois Supreme Court would be free to consider on remand whether the state exclusionary rule should be modified accordingly. * * * The Illinois Supreme Court found not only a violation of the Fourth Amendment but also of article I, § 6, of the Illinois Constitution, which also provides assurance against unreasonable searches and seizures. * * * Illinois Courts should be given the opportunity to consider in the first instance whether a `totality of the circumstances' test should replace the more pre

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 (5)

CaseCitedYears
People v. Krueger green
ill · 1996
2 sentences

2015Krueger, 175 Ill. 2d at 74-75 .

2015Krueger, 175 Ill. 2d at 74-75 .

22015–2015
People v. Lampitok green
ill · 2003
2 sentences

2010In People v. Lampitok, 207 Ill. 2d 231 , 240-41 (2003), the court described Krueger’s holding as “[t]he narrow exception we have carved to the lockstep doctrine in the fourth amendment context.” Therefore, even if the court in Bolden intended to overrule Krueger’s holding that the state exclusionary rule is subject to the lockstep doctrine, the court appears to have repudiated that intent later.

2010In People v. Lampitok, 207 Ill. 2d 231 , 240-41 (2003), the court described Krueger's holding as "[t]he narrow exception we have carved to the lockstep doctrine in the fourth amendment context." Therefore, even if the court in Bolden intended to overrule Krueger's holding that the state exclusionary rule is subject to the lockstep doctrine, the court appears to have repudiated that intent later. -11- No. 2--08--0271 More striking (and more important), in Caballes itself, after the passage that stated that Krueger had nothing to do with lockstep at all, the court twice treated Krueger as indeed

22010–2010
Weeks v. United States red
scotus · 1914
2 sentences

1996Ed. 652 , 34 S. Ct. 341 (1914), recognized a separate state exclusionary rule arising out of similar language in the Illinois Constitution); see also Mapp v. Ohio, 367 U.S. 643 , 6 L.

1996Ed. 652, 34 S. Ct. 341 (1914), recognized a separate state exclusionary rule arising out of similar language in the Illinois Constitution); see also Mapp v. Ohio, 367 U.S. 643 , 6 L.

21996–1996
Michigan v. DeFillippo green
scotus · 1979
1 sentence

2016The Krueger court stated that recognizing a good-faith exception to the state exclusionary rule would “provide a grace period for unconstitutional search and seizure legislation, during which time our citizens’ prized constitutional rights can be violated with impunity.” Id. -5- ¶ 23 C.

12016–2016
People v. Exline green
ill · 1983
1 sentence

1989After Gates , the Illinois Supreme Court decided People v. Exline (1983), 98 Ill.2d 150 , in which the sole issue was whether the allegations in an affidavit for a search warrant established probable cause for the issuance of a search warrant.

11989–1989

Statutes the citing opinions construe

IL § 725 ILCS 5/108-8 (5) IL § 720 ILCS 570/402 (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

TX 17 (1993–2024) WA 8 (1982–2019) IL 8 (1989–2016) PA 7 (1989–2025) UT 5 (1992–2021) LA 4 (2007–2024) VA 4 (1991–2018) NM 3 (2001–2018) IA 3 (2000–2019) TN 3 (2016–2019) ID 2 (1984–1992) CT 2 (1988–1994) CA 2 (1984–1990) OR 2 (2014–2014) AZ 2 (2002–2018)

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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