People v. Cunitz

2 Citing cases

  1. United States v. Cade

    1:21-cr-00223-1 (N.D. Ill. Oct. 13, 2021)

    The Illinois Vehicle Code prohibits transporting, carrying, or possessing any alcohol within the passenger area of a motor vehicle except in the sealed original container."); People v. Cunitz. 510 N.E.2d 471, 475 (Ill. App. 1987) ("Since the open containers of alcohol constituted the offense of illegal transportation of alcohol, Officer Owens was justified in seizing those containers which were in plain view and searching the vehicle for any other evidence of open alcohol.") (cleaned up); United States v. McGuire. 957 F.2d 310, 314 (7th Cir. 1992) ("Once Trooper Newman discovered that McGuire was transporting open, alcoholic liquor in violation of Illinois law, he had probable cause to believe that the car contained additional contraband or evidence.")

  2. People v. Allen

    268 Ill. App. 3d 279 (Ill. App. Ct. 1994)   Cited 12 times

    When a defendant fails to ever claim an ownership or possessory interest in property, the defendant loses standing to dispute the search and suppress the evidence. People v. Casas (1992), 234 Ill. App.3d 847, 853, 601 N.E.2d 798; People v. Dowery (1988), 174 Ill. App.3d 239, 245, 528 N.E.2d 214; People v. Cunitz (1987), 157 Ill. App.3d 519, 526, 510 N.E.2d 471. The defendant contends that the State has waived its standing argument by not raising it in the trial court.