[DOWNLOAD] "People v. Brett" by Illinois Appellate Court — First District (2Nd Division) Judgment Reversed * eBook PDF Kindle ePub Free
eBook details
- Title: People v. Brett
- Author : Illinois Appellate Court — First District (2Nd Division) Judgment Reversed
- Release Date : January 28, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
This is an appeal by the State from an order suppressing evidence (cocaine) obtained as a result of an allegedly unlawful warrantless search of defendant's person at O'Hare International Airport on December 1, 1981. The trial court found defendant submitted to a search of his person because he felt he had no alternative but to submit to authority and that this constituted a seizure within the meaning of the fourth amendment. On appeal, the State contends defendant unequivocally and unhesitatingly consented to a search of his luggage and his person after being informed that he was not under arrest, and that he could have declined if he chose. Although defendant has not filed an appellee's brief, this does not prevent our considering the merits of the State's position. First Capitol Mortgage Corp. v. Talandis Construction Corp. (1976), 63 Ill.2d 128, 345 N.E.2d 493.