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76 Ill. App. 3d 80

394 N.E.2d 739

31 Ill.Dec. 537

People v. Kelly

Appellate Court of Illinois

Decided August 28, 1979

Appellate Court of Illinois · decided 1979-08-28

Relies on 51 Ill. 2d 17 - People v. Bombacino

Good law ✅— No negative treatment on recordhow we know

Decided 1979-08-28

How this case has been cited

Cited by 66 later decisions — most recently June 2021 · most notably 198 Ill. 2d 194 - People v. Anthony (2001), 217 Ill. App. 3d 250 - People v. Eiland (1991)

66 state decisions

340197919801990200020102020decided

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.

View the full empirical analysis of this case →

Mr. JUSTICE KASSERMAN,

¶1dissenting:

¶2In my opinion the judgment of the circuit court should be affirmed. The evidence indicates that the search by the officers was proper as a plain-view search of the vehicle; therefore, defendant’s consent was not rendered ineffective because it followed an illegal search.

¶3The officers observed a portion of the tire iron protruding from under the driver’s seat and asked defendant to remove it and place it in the trunk. In complying with the request of the officers, an iron pipe and a kitchen knife were exposed when defendant removed the tire iron from under the seat. The discovery of these items would have entitled the officers to further examine the vehicle from the outside, which they did with the use of a flashlight. Their examination disclosed what appeared to be marijuana seeds and part of a marijuana cigarette in the ashtray and justified the further search. It is of no consequence that the officers were using a flashlight when they observed the contents of the ashtray since the use of artificial light to observe that which is in plain view would not alter the plain-view doctrine. See People v. Bombacino (1972), 51 Ill. 2d 17, 280 N.E.2d 697.

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