Top court examines bounds of consent

Prosecution and Procedure

By David J. Robinson

David J. Robinson is a lawyer, adjunct professor, author and 4th District deputy director at the state’s attorneys appellate prosecutor.

Posted July 6, 2016 1:33 PM

The U.S. Supreme Court occasionally issues a blockbuster opinion interpreting the Fourth Amendment that has little direct impact in Illinois. The Supreme Court’s June 23 opinion in Birchfield v. North Dakota was one of those cases.In Birchfield, petitioner Danny Birchfield, and two others who were similarly situated, claimed that statutes criminalizing their failure to submit to (1) a warrantless blood-alcohol breath test or (2) a warrantless blood draw to test for alcohol ran afoul of the Fourth Amendment.The …

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