People v. Marcella

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2013 IL App (2d) 120585
Decision Date: 
September 10, 2013
District: 
2d Dist.
Division/County: 
Du Page Co.
Justice: 
SCHOSTOK
Holding: 
Affirmed.
State failed to establish probable cause for search and seizure of small plane by agents landing in military helicopter, after Defendant had landed and placed his airplane inside hangar. Defendant did nothing to avoid radar detection, and was at all times identifiable and trackable by air traffic controllers. Agents had no independent basis to believe that a crime had been committed. Defendant's dated criminal history, flight path, and proximity to Mexican border (in Arizona) were insufficient to establish probable cause. Illegal seizure and subsequent consent to search plane were so inextricably connected in time that consent was tainted. (McLAREN and SPENCE, concurring.)