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102 Ill. 2d 522

468 N.E.2d 964

82 Ill.Dec. 310

People v. Dillon

Illinois Supreme Court

Decided June 29, 1984

Illinois Supreme Court · decided 1984-06-29

Relies on Illinois v. Lafayette

Good law ✅— No negative treatment on recordhow we know

Decided 1984-06-29

How this case has been cited

Cited by 18 later decisions — most recently December 2014

15 state decisions

701984199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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JUSTICE SIMON,

¶1also dissenting:

¶2I concur in Justice Clark’s dissent, and I write separately to explain why I believe that this search cannot be upheld as an inventory search under Illinois v. Lafayette (1983), 462 U.S. 640, 77 L. Ed. 2d 65, 103 S. Ct. 2605. The principal governmental interests supporting such searches are to prevent weapons, drugs or other contraband from entering the general prison population and to catalogue the property lawfully seized from the defendant for this purpose prior to his incarceration. Thus, “[a]t the station house, it is entirely proper for police to remove and list or inventory property found on the person or in the possession of an arrested person who is to be jailed.” (Emphasis added.) 462 U.S. 640, 646, 77 L. Ed. 2d 65, 71, 103 S. Ct. 2605, 2609.

¶3In this case the trial court found that “[tjhere is no evidence in the record from either side that this defendant was going to be detained in custody. There is no evidence in the record that the defendant was going to be placed in a holding cell.” In fact, the evidence shows that the defendant was initially stopped for a routine vehicle-equipment violation and that, while he was briefly taken into custody on an allegedly outstanding warrant in a bond-forfeiture proceeding, there was no suggestion by anyone that he would be incarcerated or would not be allowed to make bond promptly. Under these circumstances, there was no basis for an inventory search, for the police had not determined that the defendant would be placed with the general jail population. The circuit court’s factual determinations on this issue should be upheld and the search of the defendant’s wallet should be regarded as an unreasonable and unnecessary inventory search.

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