DUI On A Bridge Causes Huge Jurisdiction Problem
Update: 2020-06-26
Description
People v. Lampert, 2019 IL App (5th) 180248 (May). Episode 640 (Duration 16:08 )
Defendant crashes on the bridge from Illinois to Kentucky fun jurisdictional SNAFU ensues.
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Gist
Kentucky police handled an Illinois DUI.
The Illinois – Kentucky Border
In Illinois v. Kentucky, 500 U.S. 380, 389-90 (1991), after declaring that the boundary between the Commonwealth of Kentucky and the State of Illinois was the low-water mark along the Ohio River’s northern shore as it existed in 1792, the United States Supreme Court remanded the case “to the Special Master for such further proceedings as may be necessary to prepare and submit an appropriate decree for adoption by the Court, locating the 1792 line.”
In December 1994, after such proceedings were held, the Special Master filed a report with the Court advising that the United States Geological Survey had used 7355 geodetic coordinate points to identify the 1792 low-water mark as nearly as it could presently be determined and had prepared maps identifying a proposed boundary line based on those coordinates. Illinois v. Kentucky, Report of Special Master, Original No. 106 (1994) 6-9.
The decree ordered that copies of the decree and copies and prints of Joint Exhibits 3 through 26 be filed with the Secretary of State of Illinois, the Secretary of State of Kentucky, and the county clerk’s offices of the Kentucky and Illinois counties along the Ohio River, including Massac and McCracken. Id. In January 1995, the Court adopted the Special Master’s report and entered the proposed decree. Illinois v. Kentucky, 513 U.S. 177 (1995).
The Brookport Bridge
The bridge is about 1 mile long.
Prior to this case, there had been an agreement with Illinois to where Kentucky would police every bit of the bridge, and Illinois would conduct maintenance on every bit of the bridge. The agreement as to the policing of the entire bridge had been abandoned after the K...
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