Criminal Procedure keyed to Weinreb
Illinois v. McArthur
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Tera McArthur (“Ms. McArthur”) had two police officers accompany her to the trailer where she lived. Ms. McArthur lived with her husband Charles McAarthur (“Mr. McArthur”) and she wanted to remove her belongings. Mr. McArthur was present at the trailer. After gathering her belongings, she told the police officers that she saw her husband put some dope under the couch. One of the officers then asked Mr. McArthur if he could search the trailer. Mr. McArthur refused to give his consent. The other officer then went with Ms. McArthur to obtain a warrant. The officer remaining behind refused to allow Mr. McArthur into the trailer unless he was accompanied by a police officer. He entered the trailer two or three times while the officer watched. After a warrant was obtained, both of the officers searched the trailer and found marijuana and certain drug paraphernalia. Mr. McArthur was then arrested for unlawful possession of drug paraphernalia and marijuana. Mr. McArthur moved to suppress the drugs and the accompanying paraphernalia arguing that they were fruits of an unlawful search and seizure. The trial court granted the motion to suppress. The Illinois Supreme Court denied the State’s petition for an appeal.
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