People v. Mckinney

5 Citing cases

  1. People v. Lopez

    229 Ill. 2d 322 (Ill. 2008)   Cited 183 times
    Holding that court was "required" to consider sufficiency of the evidence against defendant notwithstanding his failure to contest it where court was remanding for a new trial

    There is no indication that the detectives did anything that would suggest that defendant was compelled to accompany them or that the detectives misled defendant or his mother about the purpose of their interaction with defendant. The facts of this case are more like those in People v. McKinney, 277 Ill. App. 3d 889 (1996). In that case, two detectives went to the 17-year-old defendant's home to question her about the death of her baby.

  2. People v. Wead

    363 Ill. App. 3d 121 (Ill. App. Ct. 2005)   Cited 8 times
    Recognizing that a defendant's voluntary act of going to the police station may become an involuntary act upon his arrival at the station where circumstances indicate that he was not free to leave

    We note "`that whenever a police officer accosts an individual and restrains his freedom to walk away, he has "seized" that person.'" Dunaway v. New York, 442 U.S. 200, 207 n. 6, 60 L. Ed. 2d 824, 832 n. 6, 99 S. Ct. 2248, 2253 n. 6 (1979), quoting Terry v. Ohio, 392 U.S. 1, 16, 20 L. Ed. 2d 889, 903, 88 S. Ct. 1868, 1877 (1968); People v. McKinney, 277 Ill. App. 3d 889, 893 (1996). In the Code of Criminal Procedure of 1963, an arrest is defined as the taking of a person into custody and is accomplished by an actual restraint of that person or by his submission to custody.

  3. People v. Wead

    355 Ill. App. 3d 586 (Ill. App. Ct. 2005)   Cited 1 times

    We note "'that whenever a police officer accosts an individual and restrains his freedom to walk away, he has "seized" that person.'" Dunaway v. New York, 442 U.S. 200, 207 n. 6, 60 L. Ed. 2d 824, 832 n. 6, 99 S. Ct. 2248, 2254 n. 6 (1979), quoting Terry v. Ohio, 392 U.S. 1, 16, 20 L. Ed. 2d 889, 903, 88 S. Ct. 1868, 1877 (1968); People v. McKinney, 277 Ill. App. 3d 889, 893 (1996). In the Code of Criminal Procedure of 1963, an arrest is defined as the taking of a person into custody and is accomplished by an actual restraint of that person or by his submission to custody.

  4. People v. Palombi

    2015 Ill. App. 131590 (Ill. App. Ct. 2015)

    leave. People v. McKinney, 277 Ill. App. 3d 889 (1996). After the Cook County Forest Preserve police confiscated Palombi's belongings in the Bunker Hill Forest Preserve, where he illegally camped, Palombi voluntarily contacted the officers and arranged to meet them to retrieve his things.

  5. People v. Harris

    389 Ill. App. 3d 107 (Ill. App. Ct. 2009)   Cited 33 times
    Determining the exclusion of certain testimony was harmless because the defendant's confession, corroborated only by the fact that the victim's death was a homicide, was overwhelming evidence of the defendant's guilt, despite the defendant's contention that her confession was coerced

    We do not perceive any action taken by the detectives suggesting that defendant and Sta-Von were compelled to accompany them. Rather, it is clear from the evidence that the parents concurred in the detectives' request and voluntarily accompanied the officers to Area 5. Here, as in People v. McKinney, 277 Ill. App. 3d 889, 894, 661 N.E.2d 408, 411 (1996), there is no indicia of an arrest; certainly no formal declaration or any routine arrest procedures such as the show of force or physical restraint. Moreover, as in McKinney, given that the cause of the child's death was still unknown, it is unlikely that any intention to effect an arrest existed.