· 11/18/2010
People v. McDonough
Citations
- 940 N.E.2d 1100
- 239 Ill. 2d 260
- 346 Ill. Dec. 496
- 2010 Ill. LEXIS 1557
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that, in determining whether the community caretaker exception is applicable, “a court views the [police] officer’s actions objectively”
- holding that, to find the community caretaking doctrine to be applicable, a court must find two general criteria: (1) “law enforcement officers [were] performing some function other than the investigation of a crime,” and (2
- noting that the community caretaking doctrine is utilized to uphold seizures when police are performing some function other than investigating a crime
- this court is not bound by the appellate court’s reasoning and may affirm on any basis presented in the record
- public interest for police to offer assistance to drivers who may be stranded, especially after dark and where assistance may not be readily available
- trial court is in a superior position to determine and weigh the credibility of the witnesses, observe the witnesses’ demeanor, and resolve conflicts in their testimony
Source: CourtListener parenthetical corpus (CC0).
Judges: Freeman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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