Terril A. Kraushaar v. Earl K. Flanigan, Fred Winterroth, Robin Davis, and Tazewell County

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that an officer’s failure to follow procedures that are required by state law, but not by the federal Constitution, establishes only a violation of state law
• intoxication could be result of drugs other than alcohol; together with other information it can support a strip search
• same where DUI arrestee made suspicious hand movements near his waistband
• when Kraushaar arrested, officer saw him making furtive hand gestures around his waist, suggesting he was trying to put something down his pants; this plus intoxication gave “rise to a reasonable suspicion that Kraushaar may have been trying to hide drugs”
• reaching same result regarding an Illinois officer
• “[I]f [the officer] had not conducted a search based upon this knowledge, he would have been open to negligence charges if [the driver] had in fact concealed a weapon or contraband in his pants and that item ultimately caused a death or injury inside the jail.”

Source: CourtListener parenthetical corpus (CC0).