![]() 1492, 94 L.Ed.2d 714 (1987)) searches of certain types of student property by school officials ( T.L.O., 469 U.S. Some of these circumstances include: searches of government employees' desks and offices ( O'Connor v. The Supreme Court has found the warrant and probable cause requirement impracticable in a variety of circumstances. The court therefore believed the predecessor statute's provision for chemical testing of a driver absent a warrant or probable cause determination was unconstitutional.Īs expressed by the Supreme Court, the "special needs" exception to the fourth amendment states: "we have permitted exceptions when `special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable.'" Griffin v. The court found that the "special needs" *284 exception to the fourth amendment did not apply to the predecessor statute. 11-501.6) violated the fourth amendment of the United States Constitution and article I, section 6, of the Illinois Constitution of 1970. This court in King held that the predecessor statute (.1991, ch. Because of the circuit court's reliance on King, a review of King is necessary. 11-501.6) found unconstitutional by this court in King v. The circuit court's rationale in finding the statute unconstitutional was that the statute was "no different, substantively" than a predecessor statute (.1991, ch. According to the statute, type A injuries "shall include severely bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene." 625 ILCS 5/11-501.6(g) (West 1994). The statute further provides that a "personal injury shall include any type A injury." 625 ILCS 5/11-501.6(g) (West 1994). The statute provides: "Any person who drives or is in actual control of a motor vehicle upon the public highways of this State and who has been involved in a personal injury or fatal motor vehicle accident, shall be deemed to have given consent to a breath test * * * or to a chemical test or tests of blood, breath, or urine for the purpose of determining the alcohol or other drug content of such person's blood if arrested as evidenced by the issuance of a Uniform Traffic Ticket for any violation of the Illinois Vehicle Code or a similar provision of a local ordinance, with the exception of equipment violations contained in Chapter 12 of this Code, or similar provisions of local ordinances." 625 ILCS 5/11-501.6(a) (West 1994). ![]() The circuit court found section 11-501.6 of the Illinois Vehicle Code unconstitutional. Following the circuit court's ruling, the Secretary of State appealed directly to this court pursuant to Supreme Court Rule 302(a). ![]() The portion of the Vehicle Code found unconstitutional provided that if a traffic accident occurred in which death or personal injury resulted and a driver involved in the accident had been issued a Uniform Traffic Ticket for a nonequipment offense, the driver would be subject to chemical testing to determine whether the person was impaired by drugs or alcohol. This appeal results from a final order entered in the circuit court of Lake County finding a portion of the Illinois Vehicle Code (625 ILCS 5/11-501.6 (West 1994)) unconstitutional under the fourth amendment of the United States Constitution. Justice MILLER delivered the opinion of the court: Davis, of Davis & Riebman, Ltd., Des Plaines, for appellee. ![]() Feetterer of Diamond, LeSueur, Roth & Feetterer, P.C., McHenry, and Larry A. Malato, Assistant Attorney General, Chicago, of counsel), for appellant. Preiner, Solicitor General, and Daniel N. ![]() Ryan, Attorney General, Springfield (Barbara A. George RYAN, Secretary of State, Appellant. ![]()
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