Legal Opinion

People v. McDonough

Appellate Court of Illinois

Decided October 20, 2009No. 4-09-0166PublishedCited by 8 opinions

1Opinion of the CourtJustice Steigmann

Absent police misconduct, the exclusionary rule does not apply. In this driving-under-the-influence-of-alcohol (DUI) case, the trial court granted defendant’s motion to suppress evidence on the ground that the state trooper involved had improperly seized defendant. Because the state trooper did not engage in any police misconduct, the exclusionary rule does not apply to this case. Accordingly, we reverse the trial court’s order suppressing evidence and remand for further proceedings.

I. BACKGROUND

A. Defendant’s Arrest

On October 12, 2008, Illinois State Police Trooper Greg Brunnworth, while on…

2Cases cited9 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. United States v. LeonSupreme Court of the United States · 1984
  3. Herring v. United StatesSupreme Court of the United States · 2009
  4. People v. DeforeNew York Court of Appeals · 1926
  5. People v. GhernaIllinois Supreme Court · 2003

4 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. People v. McDonoughIllinois Supreme Court · 2010
  2. People v. DittmarAppellate Court of Illinois · 2011
  3. People v. KendricksAppellate Court of Illinois · 2023
  4. People v. MarshallAppellate Court of Illinois · 2010
  5. People v. DittmarAppellate Court of Illinois · 2011

3 more not listed; retrieve them via the Exa API.

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