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Supreme Court of Illinois


People v. Caballes, 91547

In the matter of a defendant found guilty of cannabis trafficking after a drug sniffing dog alerted officers to defendant's trunk during a routine traffic stop, on remand from the U.S. Supreme Court, conviction is affirmed where; 1) the sniff by the trained canine was not a search; 2) similar language in the Illinois Constitution does not call for a different result; and 3) the right to privacy under the Illinois Constitution was not violated because the zone of personal privacy which the constitution's drafters intended to protect was not infringed upon.

Appellate Information

  • Decided 05/18/2006
  • Published 06/15/2007

Judges

  • Justice GARMAN delivered the judgment of the court, with opinion:

Court

  • Supreme Court of Illinois

Counsel

  • For Appellant:
  • Ralph E. Meczyk, Lawrence H. Hyman, John Thomas Moran, Jr., Chicago, for appellant., Lisa Madigan, Attorney General, Springfield (Gary S. Feinerman, Solicitor General, and Linda D. Woloshin, Assistant Attorney General, Chicago, of counsel), for the People., Ole Bly Pace III, Mary T. McDermott and Selina S. Thomas, Springfield (Stephen W. Baker, Assistant Public Defender, Office of the Cook County Public Defender, Chicago, of counsel), for amicus curiae Illinois State Bar Association., Barry Sullivan, Jacob I. Corré, Amy K. Trueblood, of Jenner & Block, L.L.P., Harvey Grossman and Shannon P. Bartlett, Chicago, for amicus curiae American Civil Liberties Union of Illinois., Locke E. Bowman, Chicago, for amicus curiae Chicago Council of Lawyers and MacArthur Justice Center., Clyde Murphy, Elizabeth Shuman-Moore, Chicago, for amicus curiae Chicago Lawyers Committee for Civil Rights Under Law, Inc., Harvey Grossman, Adam Schwartz, Shannon P. Bartlett, Chicago, for amici curiae Community Renewal Society et al., Andrea Lyon, Chicago, for amicus curiae Illinois Association of Criminal Defense Lawyers., Zubair A. Khan, of Grippo & Elden, L.L.C., Chicago, for amicus curiae Muslim Bar Association., Donald Jackson, Peoria, for amicus curiae NAACP-Statewide Conference., Beatriz Santiago, Chicago, for amicus curiae Puerto Rican Bar Association of Illinois.

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