The People v. Lucus

25 Citing cases

  1. Byers v. Justice Court

    71 Cal.2d 1039 (Cal. 1969)   Cited 41 times
    In Byers the court held that the disclosure of information under a statute requiring a driver to provide certain information when involved in an auto accident would violate the driver's privilege against self-incrimination unless he were immunized against the use of his disclosures in a criminal prosecution.

    ( Commonwealth v. Joyce (1951) 326 Mass. 751, 756 [ 97 N.E.2d 192]; Ex parte Kneedler (1912) 243 Mo. 632, 640 [147 S.W. 983, 1913C 923, 40 L.R.A.N.S. 622].) It would appear that the recent decision of the Supreme Court of Illinois in People v. Lucus (1968) 41 Ill.2d 370 [ 243 N.E.2d 228], construing the federal constitutional privilege, follows the same approach as Diller and the cases cited above. The court stated: "Using the standard of Marchetti v. UnitedStates . . . the [Illinois "hit-and-run"] statute's provisions do not present a substantial and real hazard of [self-]incrimination."

  2. People v. Brady

    369 Ill. App. 3d 836 (Ill. App. Ct. 2007)   Cited 20 times
    Stating that an as-applied challenge requires the defendant to show that the statute, as-applied in the particular context in which he has acted, is unconstitutional

    In rejecting a facial challenge to a California statutory requirement that motorists who have been involved in an accident must stop at the scene and give their names and addresses, the United States Supreme Court held in California v. Byers, 402 U.S. 424, 29 L. Ed. 2d 9, 91 S. Ct. 1535 (1971), that disclosure of one's identity is not a selfincriminating act. Similarly, in People v. Lucus, 41 Ill. 2d 370, 372 (1968), our supreme court held that a former statute requiring that a driver involved in an accident resulting in damage to a vehicle provide his name, address, and registration number to persons in the other vehicle (Ill. Rev. Stat. 1965, eh. 95V2, par. 134) did not violate the fifth amendment, because "the statute's provisions do not present a substantial and real hazard of incrimination."

  3. Cesena v. Du Page County

    201 Ill. App. 3d 96 (Ill. App. Ct. 1990)   Cited 15 times
    In Cesena, attorney Jeff Fawell was ordered by the court to divulge the identity of his client and the address of an accident in which the client was involved.

    This section simply requires a driver to identity himself or herself without providing any information which may indicate that a criminal offense had actually occurred. With respect to Fawell's argument that the reporting requirement "compelled" John Doe into making a report, we note that our supreme court has determined, in People v. Lucus (1968), 41 Ill.2d 370, that requiring a driver to reveal his name and address does not infringe upon the driver's "guaranty against self-incrimination." ( Lucus, 41 Ill.2d at 373-74.)

  4. People v. Goodin

    257 Mich. App. 425 (Mich. Ct. App. 2003)   Cited 152 times   1 Legal Analyses
    Holding that defense counsel is "not required to make a meritless motion or a futile objection"

    Many other states have also held that disclosure requirements under similar vehicle-code provisions do not violate a defendant's right against compelled self-incrimination. See, e.g., State v Adams, 181 Ariz. 383; 891 P.2d 251 (Ariz Ct App, 1995); State v. Melemai, 64 Haw. 479; 643 P.2d 541 (1982); People v. Lucas, 41 Ill.2d 370; 243 N.E.2d 228 (1968); People v. Samuel, 29 N.Y.2d 252; 277 N.E.2d 381 (1971); Lamb v. State, 488 P.2d 1295 (Okla Crim App, 1971); State v. Smyth, 121 R.I. 188; 397 A.2d 497 (1979); Banks v. Com, 217 Va. 527; 230 S.E.2d 256 (1976). Defendant also argues that the prosecutor's misconduct denied him a fair trial.

  5. People v. Becker

    315 Ill. App. 3d 980 (Ill. App. Ct. 2000)   Cited 17 times
    Affirming one of defendant's convictions for official misconduct but reversing and remanding on other counts, including armed violence, involuntary manslaughter and official misconduct, the court found that, based on the totality of the circumstances, there was "sufficient evidence to prove defendant guilty beyond a reasonable doubt of official misconduct and armed violence"

    California v. Byers, 402 U.S. 424, 428, 29 L.Ed.2d 9, 17, 91 S.Ct. 1535, 1538 (1971); Larkin v. Hartigan, 250 Ill. App.3d 969, 975 (1993). The constitutional violation may occur if the information the citizen is required to give is used as evidence against him in a criminal proceeding.People v. Lucus, 41 Ill.2d 370, 374 (1968). In Lucus our supreme court decided whether a statute requiring a driver involved in a vehicular accident to provide his name, address and vehicle registration to persons in the other vehicle violated the fifth amendment.

  6. McKinney v. George

    556 F. Supp. 645 (N.D. Ill. 1983)   Cited 12 times
    In McKinney, the Seventh Circuit found that the district court properly granted certain police officers' motions for summary judgment on the issue of probable cause to arrest because the officers reasonably relied on the complaints of McKinney's neighbors to arrest McKinney for disorderly conduct.

    This doctrine is called the citizen-informer doctrine within Illinois case law and has been upheld by the Illinois Supreme Court. People v. Lucus, 41 Ill.2d 370, 243 N.E.2d 228 (1968). In the case at bar, no genuine issue of material fact exists as to whether there was probable cause to arrest McKinney on December 17, 1978, or to apprehend him on November 13, 1979.

  7. People v. Blackorby

    146 Ill. 2d 307 (Ill. 1992)   Cited 26 times

    Because of the problems and danger inherent in the operation of motor vehicles, the legislature may impose reasonable conditions on their use. ( People v. Lucus (1968), 41 Ill.2d 370, 373.) A statute enacted pursuant to this authority must represent a reasonable exercise of police power and cannot, of course, be violative of constitutionally assured rights.

  8. People v. Bean

    84 Ill. 2d 64 (Ill. 1981)   Cited 58 times
    Holding that fourth amendment rights were not violated, even in the absence of exigent circumstances, where consent given and arrest based on probable cause

    Although Lahm did not personally interview Birmingham, this court has held that a phone conversation can be the basis for establishing probable cause to arrest. ( People v. Parks (1971), 48 Ill.2d 232, 236; People v.Lucus (1968), 41 Ill.2d 370, 375.) Under the facts and law stated, we conclude that Lahm had probable cause at the time he arrested defendant Bean. Having ascertained the existence of probable cause, we must determine if the arrest of Bean without a warrant in his apartment violated his rights under the fourth amendment.

  9. Palato v. State

    591 P.2d 891 (Wyo. 1979)   Cited 2 times

    Reid's Branson Instructions to Juries, 3d ed., Vol. 1, ยง 23, p. 57. Cases are numerous which recognize that this rule is aimed at the assumption of material facts. People v. Lucus, 41 Ill.2d 370, 243 N.E.2d 228, 232 (1968); Fields v. State, Miss., 272 So.2d 650, 653 (1973); State v. Thornton, 17 N.C. App. 225, 193 S.E.2d 373 (1972); Smith v. U.S., 6th Cir., 230 F.2d 935, 938 (1956); Pulliam v. State, 167 Neb. 614, 94 N.W.2d 51, 60 (1959). In the case of Thornton, supra 193 S.E.2d at p. 375, appears this following applicable quote:

  10. People v. Samuel

    29 N.Y.2d 252 (N.Y. 1971)   Cited 33 times   1 Legal Analyses
    In People v Samuel (29 N.Y.2d 252, 264) we said: "While antiquity is not an infallible criterion for determining the scope of constitutional rights, traditional usage and understanding is helpful in defining the privilege against self incrimination."

    Nor is it that of Illinois. See People v. Lucus ( 41 Ill.2d 370), holding its hit-and-run statute valid and collecting cases in other States sustaining similar enactments. See, also, People v. Christiansen ( 62 Misc.2d 1034 [Crim.