People v. Wall

Illinois Appellate Court
Criminal Court
Search & Seizure
Citation
Case Number: 
2016 IL App (5th) 140596
Decision Date: 
Wednesday, October 12, 2016
District: 
5th Dist.
Division/County: 
Williamson Co.
Holding: 
Reversed and remanded.
Justice: 
GOLDENHERSH

Defendant was convicted, after stipulated bench trial, of production of cannabis plants and sentenced to 24 months intensive probation. Court erred in denying Defendant's motion to quash arrest and suppress evidence and statements based on involuntary consent to search his residence. City police officer initially gave false information to Defendant to get Defendant to come home, and falsely stated to Defendant that he was with Illinois State Police and was investigating a break-in at his house. Officer told Defendant that he would go to jail unless he signed the form consenting to search of his house. No exigent circumstances precluded State from obtaining a warrant. (SCHWARM and WELCH, concurring.)