People v. McGee

The State appeals from the trial court’s order granting the motion of defendant, Rosie L. McGee, to suppress the results of a blood-alcohol test taken pursuant to section 11—501.6(a) of the Illinois Vehicle Code (Ill. Rev. Stat. 1991, ch. 95½, par. 11—501.6(a) (now 625 ILCS 5/11—501.6(a) (West 1992))). The statute was later declared facially unconstitutional in King v. Ryan (1992), 153 Ill. 2d 449, because it permitted unreasonable searches and seizures without the particularized probable cause (indicia of intoxication) necessary under the United States and the Illinois Constitutions. (U.S.…