involves a balancing analysis (Illinois) · Go Syfert
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involves a balancing analysis in Illinois

5 Illinois opinions name it 1 courts 2004–2004 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.

Followed or applied (4)

CaseFollowedCited
State v. Steelegreen
ohioctapp · 2003 · cited in 3 Illinois opinions naming this issue, 2004–2004
2 sentences

2004See Steele, 155 Ohio App. 3d at 672 , 802 N.E.2d at 1137 ; accord D.L.C., 124 S.W.2d at 372-73; Martinez, 276 Kan. at 535 , 78 P.3d at 774 .

2004See Steele, 155 Ohio App. 3d at 672 , 802 N.E.2d at 1137 ; accord D.L.C., 124 S.W.2d at 372-73; Martinez, 276 Kan. at 535 , 78 P.3d at 774 .

33
United States v. Kimlergreen
ca10 · 2003 · cited in 2 Illinois opinions naming this issue, 2004–2004
2 sentences

2004Here, again, the State's interests prevailed over the defendant's privacy rights. (footnote: 2) The Seventh Circuit, upholding a Wisconsin DNA testing statute similar to ours, relied on the special needs test: " 'The DNA Act, while implicating the Fourth Amendment, is a reasonable search and seizure under the special needs exception to the Fourth Amendment's warrant requirement because the desire to build a DNA database goes beyond the ordinary law enforcement need.' " Green , 354 F.3d at 677 , quoting United States v. Kimler , 335 F.3d 1132, 1146 (10th Cir. 2003).

2004Here, again, the State's interests prevailed over the defendant's privacy rights. [2] The Seventh Circuit, upholding a Wisconsin DNA testing statute similar to ours, relied on the special needs test: "`The DNA Act, while implicating the Fourth Amendment, is a reasonable search and seizure under the special needs exception to the Fourth Amendment's warrant requirement because the desire to build a DNA database goes beyond the ordinary law enforcement need.'" Green, 354 F.3d at 677 , quoting United States v. Kimler, 335 F.3d 1132, 1146 (10th Cir.2003).

22
Musser v. Stategreen
texcrimapp · 1938 · cited in 2 Illinois opinions naming this issue, 2004–2004
2 sentences

2004See Steele , 155 Ohio App. 3d at 672 , 802 N.E.2d at 1137 ; accord D.L.C. 124 S.W.2d at 372-73; Martinez , 276 Kan. at 535 , 78 P.3d at 774 .

2004See Steele, 155 Ohio App. 3d at 672 , 802 N.E.2d at 1137 ; accord D.L.C., 124 S.W.2d at 372-73; Martinez, 276 Kan. at 535 , 78 P.3d at 774 .

22
In Re DLCgreen
texapp · 2003 · cited in 1 Illinois opinions naming this issue, 2004–2004
1 sentence

2004See Steele, 155 Ohio App.3d at 672 , 802 N.E.2d at 1137 ; accord D.L.C. 124 S.W.3d at 372-73 ; Martinez, 276 Kan. at 535 , 78 P.3d at 774 .

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 (3)

CaseCitedYears
State v. Martinez green
kan · 2003
2 sentences

2004See Steele, 155 Ohio App. 3d at 672 , 802 N.E.2d at 1137 ; accord D.L.C., 124 S.W.2d at 372-73; Martinez, 276 Kan. at 535 , 78 P.3d at 774 .

2004See Steele, 155 Ohio App. 3d at 672 , 802 N.E.2d at 1137 ; accord D.L.C., 124 S.W.2d at 372-73; Martinez, 276 Kan. at 535 , 78 P.3d at 774 .

32004–2004
Norman C. Green, Jr., Donald Lee, Glenn Turner, and Dennis E. Jones-El v. Gerald A. Berge and James E. Doyle, Attorney General green
ca7 · 2004
2 sentences

2004Here, again, the State's interests prevailed over the defendant's privacy rights. (footnote: 2) The Seventh Circuit, upholding a Wisconsin DNA testing statute similar to ours, relied on the special needs test: " 'The DNA Act, while implicating the Fourth Amendment, is a reasonable search and seizure under the special needs exception to the Fourth Amendment's warrant requirement because the desire to build a DNA database goes beyond the ordinary law enforcement need.' " Green , 354 F.3d at 677 , quoting United States v. Kimler , 335 F.3d 1132, 1146 (10th Cir. 2003).

2004Here, again, the State's interests prevailed over the defendant's privacy rights. [2] The Seventh Circuit, upholding a Wisconsin DNA testing statute similar to ours, relied on the special needs test: "`The DNA Act, while implicating the Fourth Amendment, is a reasonable search and seizure under the special needs exception to the Fourth Amendment's warrant requirement because the desire to build a DNA database goes beyond the ordinary law enforcement need.'" Green, 354 F.3d at 677 , quoting United States v. Kimler, 335 F.3d 1132, 1146 (10th Cir.2003).

22004–2004
People v. Hall green
illappct · 2004
2 sentences

2004Covering both bases, the court in Hall held the defendant would be no better off under the special needs test: "If a special need does exist, we must then evaluate the reasonableness of the intrusion; this involves a balancing analysis of the government's special need and the defendant's privacy rights." Hall, 352 Ill.2d at 548-49, 287 Ill.Dec. 736 , 816 N.E.2d 703 .

2004Covering both bases, the court in Hall held the defendant would be no better off under the special needs test: "If a special need does exist, we must then evaluate the reasonableness of the intrusion; this involves a balancing analysis of the government's special need and the defendant's privacy rights." Hall, 352 Ill.2d at 548-49, 287 Ill.Dec. 736 , 816 N.E.2d 703 .

12004–2004

Statutes the citing opinions construe

IL § 730 ILCS 5/5-4-3 (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.

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