Ill. Justices Mull State's Right To Inspect Alleged Dump Site

Law360 (September 16, 2020, 8:20 PM EDT) -- Illinois Supreme Court justices on Wednesday questioned the state's right to inspect a property it believed to be an unpermitted landfill, using oral argument to dig into whether civil discovery rules can violate the Fourth Amendment's prohibition on illegal searches and seizures when criminal penalties are possible.

Justice Mary Jane Theis pushed the state to address whether courts making determinations as to the reasonableness of a discovery request should use a different calculus when the requester is the government versus a private party, an inquiry echoed by Justice P. Scott Neville.

"Shouldn't we be concerned that the government can impose criminal...

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