People v. Harris

Decided November 20, 2003

Illinois Supreme Court · decided 2003-11-20

Cited by 37 later decisions — most recently February 2009 · most notably 228 Ill. 2d 222 - People v. Harris (2008), 217 Ill. 2d 511 - People v. Moss (2005)

37 state decisions

Relies on 204 Ill. 2d 220 - People v. Gonzalez

Good law ✅— No negative treatment on recordhow we know

Decided 2003-11-20

View the full empirical analysis of this case →

JUSTICE THOMAS,

¶1also dissenting:

¶2 In People v. Gonzalez, 204 Ill. 2d 220 (2003), I predicted that “[t]he lower courts and the police will find the majority’s rule difficult to follow because the majority does not explain what type of questioning would change the fundamental nature of the stop.” Gonzalez, 204 Ill. 2d at 242 (Thomas, J., specially concurring). Today’s decision demonstrates that my fears were not unwarranted. Nevertheless, I agree with Justice Fitzgerald that, to the extent that a workable rule emerged from Gonzalez, that rule is not being applied faithfully in this case. I therefore join in Justice Fitzgerald’s dissent.