Tuesday, June 8, 2010

Ebay buyers beware!

MacNeil v. Trambert , No. 2-09-0873 (June 3, 2010) DuPage Co. (McLAREN) Affirmed.
Plaintiff was winning bidder of vehicle of in eBay auction, and filed suit in small claims court against Defendant seller for breach of contract in that vehicle did not have DVD screens in front seat headrests and satellite radio system as described on eBay. Defendant moved to dismiss complaint, alleging that he lack necessary minimum contacts with Illinois for personal jurisdiction. Seller of item on eBay, without further ties to a forum, is not subject to specific jurisdiction in that forum, where transaction is in the nature of a one-time deal.

Sunday, April 26, 2009

Automobile Searches

The U.S. Supreme Court's recent decision in Arizona v. Gant seems to have muddies the waters of automobile searches which had been fairly clear since the Court's 1981 decision in New York v. Belton. Before Gant, law enforcement had pretty much free reign to search the interior of a vehicle following the arrest of a suspect. Now Gant allows a police officer to search a vehicle "immediate grab" area where a suspect may have been able to reach to access a weapon or hide evidence, and also if the officer reasonably believes the vehicle contains evidence related to the reason for the suspect's arrest. One now has to wonder if law enforcement will simply have all vehicles towed if the suspect is arrested and then conduct an inventory search of the vehicle. What are your thoughts?










New York v. Belton, 453 U.S. 454 (1981). In Arizona v. Gant, — U.S. —, 2009 WL 1045962,