People v. Brown

Defendant was indicted on multiple counts related to possession of controlled substance and a weapon. Without a warrant, officers entered common area of Defendant's apartment building by walking through front entrance door which required key to open but which was not pulled all the way shut. Officers' canine gave positive alert at front and back doors of Defendant's apartment. Judge later approved search warrant based on canine sniff of apartment doors. Court properly granted Defendant's motion to quash search warrant and suppress evidence, as police officers' execution of search warrant was not protected under good-faith exception to exclusionary rule. At the time of search, law as to constitutionality of warrantless canine sniff within curtilage of home was not settled, and was later declared unconstitutional. (PUCINSKI and HYMAN, concurring.)