People v. Caballes

Chief Justice Thomas and Justices Fitzgerald and Karmeier concurred in the judgment and opinion.

Justice Freeman dissented, with opinion, joined by Justices McMorrow and Kilbride.

OPINION

On January 24, 2005, the Supreme Court of the United States vacated this court’s judgment in People v. Caballes, 207 Ill. 2d 504 (2003) (Caballes I), and remanded the cause for “further proceedings not inconsistent with this opinion.” Illinois v. Caballes, 543 U.S. 405, 410, 160 L. Ed. 2d 842, 848, 125 S. Ct. 834, 838 (2005). Both the Supreme Court and this court in its now-vacated judgment considered only…