Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

IL: Drug sale on the street alone did not support search warrant for defendant's house

By John Wesley Hall, Jr.

Defendant’s drug deal on the street alone did not justify a search warrant for his home. And, this is “bare bones” for Leon’s purposes. People v. Lenyoun, 2010 Ill. App. LEXIS 641 (June 28, 2010) [case not yet on IL courts website]: The unusual facts of the instant case fall far below the bar set by this court in Beck [which was a "close case"]. To uphold the second warrant in this case would undermine the sanctity of a citizen’s home “upon the mere commission of a crime and an affidavit of a law enforcement officer” warned against by the Beck court. Beck, 306 Ill. App. 3d at 181. More than the commission of a crime on the street while in a vehicle is required to justify opening up the defendant’s home to a search...continue to full post

Full post as published by Fourth Amendment on July 03, 2010 (boomark / email).