People v. Slavin

Illinois Appellate Court
Criminal Court
Search & Seizure
Citation
Case Number: 
2011 IL App (2d) 100764
Decision Date: 
Friday, December 30, 2011
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
BURKE
Defendant was charged with possession of cannabis and possession of drug paraphernalia. Court denied motion to suppress evidence obtained by warrantless entry into and search of ice fishing shanty within which he was fishing. Conservation officer heard person inside shanty say "pack the bowl" and remark on quality of "weed", and heard coughing sound. Officer properly entered shany for warrantless search, due to presence of probable cause and exigent circumstances making it impracticable to obtain warrant, in that Defendant would likely have removed or destroyed cannabis, by smoking it or dropping it through hole in ice, if officer had delayed search. (McLAREN and BIRKETT, concurring.)