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Criminal Law

: Fourth Amendment

IL: Removing defendant from jail to police station for planned "overhear" was a separate illegal arrest

By John Wesley Hall, Jr.

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Alleged serial killer's statements when he was removed from the jail by the police to come to the a Chicago Police station to put him in a room and talk to another person so the police could overhear the conversations were the products of illegal arrests, and nothing broke the chain of illegality. He was in the custody of the Sheriff of Cook County in the jail, and he was taken in handcuffs to the police station, and the removal was an arrest, during which he insisted on his right to counsel. People v. Hunt, 2008 Ill. App. LEXIS 249 (4th Dist. March 27, 2008).* Defense counsel was not ineffective for not challenging the search under defendant's car's hood. There was probable cause for the search of the car, and that search was not improper...continue to full post

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

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