People v. Dawn

Illinois Appellate Court
Criminal Court
Search & Seizure
Citation
Case Number: 
2013 IL App (2d) 120025
Decision Date: 
Tuesday, August 6, 2013
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Reversed.
Justice: 
HUDSON
Defendant was convicted of possession of cocaine, with intent to deliver, within 1000 feet of public housing. Warrantless entry of officers into basement of home of Defendant's sister where Defendant was staying, by officers following Defendant into basement, violated Fourth Amendment. Possibility of finding evidence of a rumored offense, without probable cause, did not permit officers to go in a different direction from sister after she granted their request to come inside to talk with her. Court erred in denying motion to suppress. (SCHOSTOK and BIRKETT, concurring.)