Dec. 14 – Chicago Daily Law Bulletin
People v. Lomax. 975 N.E.2d 115 (2012) concerned a case for when the need for “emergency aid” would excuse the Fourth Amendment’s usual requirement that police must obtain a warrant to enter a dwelling. The court noted that the traditional test in Illinois was set out in People v. Griffin. 15 Ill.App.3d 46 (1987). The test consisted of three prongs: the police 1) must have reasonable grounds to believe there is an emergency; 2) must have a reasonable basis for associating the emergency with the location to be entered; and 3) must not be primarily motivated by an intent to engage in a search for criminal evidence. The court noted, however, that Griffin‘s third prong—dealing with subjective motives of the police—was no longer operative. This is because, the court said, that prong “was found unconstitutional by the U.S. Supreme Court in Brigham City v. Stuart. 547 U.S. 398 (2006).” At 122, n.2.
Read more: Prof. Timothy O’Neill: Illinois Appellate Court Moves in ‘Limited Lockstep’ in Criminal Case
