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Friday, May 8, 2020

Police Can Run Name Check for Alleged Ordinance Violation

A recent decision highlights that it is not illegal for law enforcement officers to use ID’s for running name checks on persons properly detained or arrested for ordinance violations. Hall v. City of Chicago,No. 19-1347 (7th Cir. 2020)

In HallChicago Police Department (“CPD”) officers stopped plaintiffs for violating a panhandling ordinance. During these stops, the officers typically asked the plaintiffs to produce identification, which the officers used to search for outstanding arrest warrants or investigative alerts against the persons stopped. Plaintiffs sued the City claiming that CPD unreasonably prolonged street stops in violation of the Fourth Amendment protection against search and seizure and that CPD maintained an unconstitutional policy or practice of performing these checks. On appeal, the court concluded that CPD could lawfully request ID’s to execute check names after observing ordinance violations, even if the checks were unrelated to the observed criminal activity, as long as delays caused by the checks were reasonable.

Post Authored by Eugene Bolotnikov, Ancel Glink


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