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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