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Criminal Law

: Fourth Amendment

KA: Neither PC nor nexus required for search of a parolee's home

By John Wesley Hall, Jr.

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While the police were only able to corroborate innocent details from the CI, there were sufficient details to show RS. Here, the police had more corroboration than in White. People v. Payne, 2009 Ill. App. LEXIS 613 (July 9, 2009)*: The facts of this case are even stronger than the facts in White because in this case, the police knew the informant's identity and knew that he had provided them with reliable information the day before. Further, the facts of this case are remarkably similar to the facts in both Gates and Draper, in which the stricter probable cause standard was necessary in order to defeat the defendants' motions to suppress. Certainly, considering the totality of the circumstances and the lower level of suspicion necessary to perform a Terry stop, the State sufficiently established that the officers had a reasonable suspicion to make the initial investigatory stop...continue to full post

Full post as published by Fourth Amendment on July 14, 2009 (boomark / email).

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