People v. Anthony

In reversing the appellate court, the majority finds that defendant’s gesture was similar to that of the defendant in United States v. Giuliani, 581 F. Supp. 212 (N.D. Ill. 1984), where the court found a defendant’s statement did not constitute voluntary consent. However, as set forth below, the factual situation in Giuliani was drastically different from the factual situation in this case. In fact, the common thread between Giuliani and similar decisions is the fact that the officers in those cases proceeded to search even though the defendants had unequivocally objected or otherwise…