Legal Opinion · Dissent

People v. Barnett

Appellate Court of Illinois

Decided August 19, 2009No. 3-08-0672Published

1DissentJustice Schmidt

I believe that Pierce, relied upon by the majority, was wrongfully decided. People v. Pierce, 285 Ill. App. 3d 5, 673 N.E.2d 750 (1996). As in Pierce, the issue before us is whether, as a matter of law, the officer’s questions regarding the ownership of the vehicle constituted an interrogation reasonably likely to elicit incriminating evidence. In this case, the officer’s question was made for an administrative purpose and, therefore, was not reasonably likely to evoke the statement made by defendant. See People v. Abdelmassih, 217 Ill. App. 3d 544, 577 N.E.2d 861 (1991); People v. Pierce,…

2Cases cited5 opinions

  1. Rhode Island v. InnisSupreme Court of the United States · 1980
  2. People v. OrrIllinois Supreme Court · 1967
  3. People v. BaerAppellate Court of Illinois · 1974
  4. The PEOPLE v. FogniniIllinois Supreme Court · 1970
  5. People v. PierceAppellate Court of Illinois · 1996

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