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Case Name People v. Seymour JC-IL-0027
Docket / Court Docket No. Not Available ( State Court )
State/Territory Illinois
Case Type(s) Jail Conditions
Special Collection Strip Search Cases
Case Summary
In this criminal case the defendant sought to supress evidence based on an illegal strip search. The trial court (Circuit Court, Cook County, Franklin I. Kral, J.) ordered supression. The Appellate Court affirmed the trial court's decision. People v. Seymour, 398 N.E.2d 1191 (Ill. App. 1979), but ... read more >
In this criminal case the defendant sought to supress evidence based on an illegal strip search. The trial court (Circuit Court, Cook County, Franklin I. Kral, J.) ordered supression. The Appellate Court affirmed the trial court's decision. People v. Seymour, 398 N.E.2d 1191 (Ill. App. 1979), but on February 3, 1981, the Supreme Court of Illinois reversed the lower courts' decisions, holding that the specific details of any strip search determine its reasonableness. Pepole v. Seymour, 416 N.E. 2d 1070 (Ill. 1981).

The court held that the failure of the officers to inform the defendant that his was a bailable offense, (thus creating a custodial situation, as defendant had funds on his person sufficient to post bond) did not make the subsequent search unreasonable. Further, the court held that the search was reasonable because it was conducted incident to lawful arrest and was not so intrusive as to make it unreasonable.

398 N.E.2d 1191

Denise Heberle - 03/23/2012


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Issues and Causes of Action
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Issues
Affected Gender
Male
General
Strip search policy
Plaintiff Type
State Plaintiff
Type of Facility
Government-run
Causes of Action State law
Defendant(s) William Seymour
Plaintiff Description The people of the State of Illinois. (criminal case)
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing No
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

  Jail Strip-Search Cases: Patterns and Participants
http://law.duke.edu/journals/lcp
By: Margo Schlanger (Washington University in St. Louis)
Citation: 71 Law & Contemp. Problems 65 (2008)
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Opinion 12/31/1979 (398 N.E.2d 1191)
JC-IL-0027-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion 02/03/1981 (416 N.E.2d 1070)
JC-IL-0027-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges McGillicuddy, Helen F. (State Appellate Court)
JC-IL-0027-0001
McNamara, Daniel (State Appellate Court)
JC-IL-0027-0001
Ryan, Howard C. (State Supreme Court)
JC-IL-0027-0002
Simon, Seymour (State Appellate Court, State Supreme Court)
JC-IL-0027-0001
Monitors/Masters None on record
Plaintiff's Lawyers Carey, Bernard (Illinois)
JC-IL-0027-0001 | JC-IL-0027-0002
Fahner, Tyrone C. (Illinois)
JC-IL-0027-0002
Defendant's Lawyers Adam, Sam (Illinois)
JC-IL-0027-0001 | JC-IL-0027-0002
Bloom, Marvin I. (Illinois)
JC-IL-0027-0001
Hubbard, Arnette (Illinois)
JC-IL-0027-0001
Other Lawyers None on record

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