Update 8/19/08

People v. Thornburg, No. 2-07-0449 (2ND Dist., 8/12/08)

Kane County (Bowman)

Defendant was on probation for a child pornography case.  On a home visit by the police, they searched his home and found pornography in two locations.  There were DVDs in his dresser drawer and images on his PC.

Judge Bowman suppresses both, finding that police lacked reasonable suspicion to search defendant’s bedroom while conducting a home visit because even though he was on specialized porn probation that did not, by itself, give them reasonable suspicion to search his drawers.

However, because the probation agreement specifically gave police permission to search the defendant’s computer the court erred by suppressing its contents.

Charnge to Juvenile Court Act
Public Act 95-846  makes three changes to the procedure in case where detention or shelter-care hearing must currently be held within 40 hours of detention:

-Counsel must be appointed for the minor immediately after the filing of a petition.

-Hearing can not be held until the minor has an opportunity to speak with counsel.

-40-hour time period is tolled to allow counsel to prepare if requested by counsel.

Effective January 1, 2009.

Explore posts in the same categories: Crime, crime and punishment, Juvenile Criminal Law, Law

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