Marquez v. People

PRESIDING JUSTICE STOUDER,

concurring in part and dissenting in part:

I disagree with the majority’s decision not to follow the fourth district precedent regarding the issue of the grand jury’s power to obtain head hair samples. As in the instant case, in In re September 1981 Grand Jury (1982), 104 Ill. App. 3d 94, 432 N.E.2d 625, the fourth district court was presented with a prearrest, precharge situation. The court went through an extensive analysis of the applicable cases, including those relied on by the majority in this case. (See Schmerber v. California (1966), 384 U.S. 757, 16 L. Ed. 2d…