2012 IL App (2d) 100769
Ill. App. Ct.2012Background
- Dec. 23, 2009: warrant authorized collection of two vials of blood and a urine specimen at Elmhurst Hospital to test for alcohol and controlled substances.
- Miranda was arrested for DUI after officer McLean observed erratic driving, odor of alcohol, and Miranda’s field sobriety test failures.
- McLean’s affidavit mainly cites alcohol-related observations; it contains no facts suggesting drug use; only a conclusory statement that Miranda was under the influence of alcohol and/or drugs.
- Final paragraph of the affidavit states the officer’s professional opinion that Miranda is under the influence and requests urine testing for alcohol or drugs.
- Urine testing later yielded positive results for cocaine and cannabinoids; the trial court suppressed the urine test due to lack of probable cause; the State appealed.
- The appellate court held the affidavit failed to establish probable cause to test for drugs and rejected the good-faith exception; suppression of the urine test was required.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to test urine for drugs | State contends affidavit supported probable cause | Miranda argues no probable cause for drugs | No; affidavit lacked facts linking to drugs; insufficient probable cause |
| Good-faith reliance on warrant | State relies on good-faith doctrine to admit urine test | Miranda argues reliance unreasonable | No; good-faith exception does not apply given total lack of indicia of probable cause |
Key Cases Cited
- Skinner v. Railway Labor Executives' Ass'n, 489 U.S. 602 (1989) (compelled blood/urine testing as search; probable cause required for warrants)
- Massachusetts v. Upton, 466 U.S. 727 (1984) (probable cause standard for warrant affidavits)
- People v. Turnage, 162 Ill.2d 299 (1994) (de novo review of good-faith reliance; Leon guidance)
- People v. Kirk, 291 Ill.App.3d 610 (1997) (implied consent doctrine allows drug testing; no fourth amendment challenge noted)
- Schneckloth v. Bustamonte, 412 U.S. 218 (1973) (consent as exception to warrant/probable cause requirements)
- People v. Johns, 342 Ill.App.3d 297 (2003) (implied consent framework; consent as exception to warrants)