59th & State Street Corp. v. Emanuel

Illinois Appellate Court
Civil Court
Liquor Control Act
Citation
Case Number: 
2016 IL App (1st) 153098
Decision Date: 
Friday, December 23, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed.
Justice: 
HOFFMAN

Liquor store's license was revoked baked on multiple firearms offenses discovered during City Inspector's warrantless search of premises above store, which was easily accessible from store. Municipal ordinance and State statute in effect on date of search, authorized warrantless searches of premises licensed for the sale of liquor, failed to satisfy the reasonableness requirement of the fourth amendment. Warrantless search of the plaintiff's premises was not based upon anything other than a good faith reliance, as ordinance and statute had not been declared unconstitutional at time of search. As guns found during search were suppressed in criminal case against store owner, deterrent effect on police, in administrative proceeding, is reduced. (CUNNINGHAM and ROCHFORD, concurring.)