People v. Eubanks, 2019 IL 123525 (2019) was decided on 12/5/2019. Here is a link:
In a case where a driver is charged with First Degree murder and Aggravated DUI where the Defendant’s urine was taken to establish its alcohol content, the Illinois Supreme Court reviewed the constitutionality of 625 ILCS 5/11- 501.2(c)(2) (West 2008) (the Illinois Appellate Court declared the statute to be facially unconstitutional on direct appeal).
The Illinois Supreme Court reversed the Appellate Court’s determination that section 11-501.2(c)(2) was facially unconstitutional, but held that the statute was held unconstitutional as applied to this Defendant.
Applying an exigent circumstances analysis, the Illinois Supreme Court found that while the statutory requirements were met in this case, it did not necessarily follow that there were exigent circumstances. Looking at the specific circumstances of this case, the Illinois Supreme Court found no exigent circumstances for a warrantless seizure of the Defendant’s urine.
This case’s discussion of Mitchell v. Wisconsin in reaching this decision makes this decision required close reading to make an argument that there’s no exigent circumstances in your client’s case.