People v. Smith

Appellate Court of Illinois

Decided March 28, 2003

Appellate Court of Illinois · decided 2003-03-28

Key passage — most relied on by later courts

“the established, plain and ordinary meaning of 'apprehension' is a 'seizure, taking, or arrest of a person on a criminal charge.' " Id. at 1036 (quoting Black's Law Dictionary 101 (6th ed. 1990)). A subsequent edition of Black's Law Dictionary defines "apprehension”

quoted by 1 later decision, including 2014 IL App (3d) 140436 - In re Q.P.

“Id. at 1036 (quoting Black's Law Dictionary 101 (6th ed. 1990)). A subsequent edition of Black's Law Dictionary defines”

quoted by 1 later decision, including 2014 IL App (3d) 140436 - In re Q.P.

Good law ✅— No negative treatment on recordhow we know

Decided 2003-03-28

How this case has been cited

Cited by 24 later decisions — most recently August 2023

22 state decisions

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 TURNER,

¶1specially concurring:

¶2I fully concur in the majority opinion and add the following. “[I]n the context of the criminal statute involved, the established, plaint,] and ordinary meaning of ‘apprehension’ is a ‘seizure, taking, or arrest of a person on a criminal charge.’ ” (Emphasis added.) Miller, 253 Ill. App. 3d at 1036, 628 N.E.2d at 897, quoting Black’s Law Dictionary 101 (6th ed. 1990). Here, defendant had been seized when she swallowed the substance but the officer had not placed her under arrest. In fact, by swallowing the substance, she destroyed evidence that may have led to her arrest for possession of a controlled or look-alike substance. Accordingly, the State proved defendant swallowed the substance with the intent to prevent her arrest.