At The Lectern by Horvitz & Levy

Search opinion filing tomorrow

Tomorrow morning, the Supreme Court will file its opinion in People v. McWilliams. (Briefs here; oral argument video here.)

This will be the second opinion in the four cases argued on the December calendar. Opinions in the remaining two December cases should file by March 6.

McWilliams raises these issues: (1) Is the discovery of a parole or probation search condition an intervening circumstance that removes the taint of an illegal detention under the attenuation doctrine? (2) What constitutes purposeful and flagrant police misconduct under the attenuation doctrine analysis? The court granted review in July 2021.

The opinion can be viewed tomorrow starting at 10:00 a.m.