A Chicago Police Officer put an “investigative alert” out for the Defendant, claiming that there was, in the opinion of someone in the Chicago Police Department, probable cause to believe that the Defendant has committed a crime without going to a neutral, detached magistrate to get an arrest warrant.
The Defendant was arrested and brought to the station to be questioned in a sex abuse investigation. He then gave inculpatory statements. The trial court denied the Defendant’s Motion to Quash Arrest and Suppress his statements.
The appellate court held that an investigative alert may be in compliance with the Fourth Amendment’s requirements of “oaths and affirmations,” but it is not in compliance with Article One, Section 6 of the Constitution of the State of Illinois requirements of “affidavits.”
This is an important case not just because of the holding with respect to these alerts, but because the case gives more force to the idea that the Illinois Constitution is not in complete lockstep with the United States Constitution, and in fact offers more protections than the U.S. Constitution.
The case is People v. Bass, 2019 IL App. (1st) 160640. Decided 7/25/2019, Modified on denial of rehearing 9/30/2019.