Court properly granted Defendant's motion to suppress evidence and his petition to rescind his statutory summary suspension. Warrantless entry into Defendant's home, which was justified by neither consent nor the need for emergency aid, violated 4th Amendment. Defendants' wife did not consent to officers' entry into their home, as she told officers repeatedly that she and Defendant did not need help, that the officers did not need to be there, and that they could leave; wife did not, indirectly or impliedly, invite officers in, upon cracking door open slightly to speak with them. Without evidence unlawfully gathered in Defendant's home, the only evidence of probable cause to believe that Defendant had driven under the influence was that he had been in accident and there was an open beer can in his vehicle, which was not sufficient to support finding of probable cause to arrest for DUI. (HUTCHINSON and HUDSON, concurring.)
Illinois Appellate Court
Criminal Court
DUI