Abstract
The Fourth Amendment protects the right of the people to be free from unreasonable searches and seizures, and require probable cause for the issuance of warrants, but the terms of the amendment do not require a warrant for all searches. The United States Supreme Court has approved certain categories of “warrantless searches,” including the search incident to arrest, and police use them to gather evidence for prosecution of crimes. In People v. Cregan, 2014 IL 113600, the Illinois Supreme Court broadened the scope of the search incident to arrest by holding that any item in the physical possession of an arrestee is immediately associated with the arrestee and can be searched incident to the arrest. This Note examines the court’s analysis that led to the creation of its “rule of possession.” The Note argues that the majority’s analysis was incorrect, and that the court should have used an analysis more consistent with that used by other courts scrutinizing similar questions.
Recommended Citation
Brian Scott,
Don’t Get Caught Holding the Bag in Illinois: Analyzing the Court’s Decision in People v. Cregan, 2014 IL 113600,
40
S. Ill. U. L.J.
561
(2016).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol40/iss3/11