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IL again: Applying Caballes and Muehler together, inquiring about drugs did not unlawfully extend stop

By John Wesley Hall, Jr.

Reading Caballes and Muehler together, the stop was not unlawfully extended. People v. Salinas, 2008 Ill. App. LEXIS 600 (June 18, 2008): Our supreme court was called upon to interpret and apply the Caballes and Muehler holdings in People v. Harris, 228 Ill. 2d 222 (2008). ... . . . Applying the reasoning of Caballes, Muehler, and Harris to the facts at hand, we conclude that no fourth amendment violation occurred. Because defendant was lawfully seized, Officer Velez was not required to have reasonable suspicion to commence a conversation with defendant about the narcotics surveillance operation. Harris, 228 Ill. 2d 222, [slip op.] at 16-17. ("During a lawful seizure, *** police may ask questions unrelated to the original detention and are not required to form an independent reasonable suspicion of criminal activity before doing so")...continue to full post

Full post as published by Fourth Amendment on June 22, 2008 (boomark / email).