People v. Pettis

Illinois Appellate Court
Criminal Court
Search & Seizure
Citation
Case Number: 
2015 IL App (4th) 140176
Decision Date: 
Thursday, May 14, 2015
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Reversed and remanded.
Justice: 
HOLDER WHITE
Defendant was charged by information with armed habitual criminal, aggravated unlawful possession of a firearm by a felon, and reckless discharge of a firearm. Judge issuing search warrant had substantial basis to conclude probable cause existed. Officers responded to "shots fired" call in early morning, and suspect had fled scene, and officers had information on suspect, incident, and vehicle from an identified witness, and judge drew reasonable inference from affidavits that Defendant violated law and that evidence of crime committed could be found inside his residence. Good-faith exception arises only after court determines that search warrant was improperly issued for lack of probable cause. (HARRIS, concurring; APPLETON, dissenting.)