People v. Lenyoun 

Illinois Appellate Court
Criminal Court
Search and Seizure
Citation
Case Number: 
No. 1-06-3696
Decision Date: 
Monday, June 28, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
GARCIA
Court properly quashed a second search warrant, and suppressed evidence; second warrant was executed within 2 hours after execution of first warrant, when no contraband was recovered from Defendant or his car; and second warrant was supported by only a "bare-bones" affidavit that probable cause existed for search of Defendant's apartment, in describing a single drug transaction conducted by Defendant from a car. Court erred in issuing second warrant, as complaint for warrant must give rise to reasonable inference that criminal activity was ongoing in the home itself. Good-faith doctrine does not apply to executing officer when neither judge nor officer could have held objectively reasonable belief in existence of probable cause to search Defendant's apartment. (PATTI, concurring; LAMPKIN, dissenting.)