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IL: Hot pursuit: Violation of neighboring state's hot pursuit law does not mandate exclusion of evidence

By John Wesley Hall, Jr.

Hot pursuit of a drug offender from Chicago into Illinois did not require suppression of anything from the Indiana arrest in violation of Indiana law in an Illinois prosecution. People v. Galan, 2008 Ill. LEXIS 639 (July 24, 2008), revg People v. Galan, 367 Ill. App. 3d 876, 856 N.E.2d 511, 305 Ill. Dec. 706 (2006): We agree with the State that defendant's arrest should not be quashed nor the evidence against him suppressed. The Supreme Court has stated that to determine whether a governmental action violates the fourth amendment, courts must "inquire first whether the action was regarded as an unlawful search or seizure under the common law when the [fourth] Amendment was framed." Houghton, 526 U.S. at 299-300, 143 L. Ed. 2d at 414, 119 S...continue to full post

Full post as published by Fourth Amendment on July 30, 2008 (boomark / email).