People v. Bonilla

Defendant was charged with unlawful possession of cannabis with intent to deliver. Court, after hearing, granted Defendant's motion to quash warrant and suppress evidence. At time of search, both U.SD. Supreme Court and Illinois Appellate Court had already ruled that a dog sniff of front door of a residence was a 4th amendment search.  Thus, officer could not reasonably rely on older case law decisions involving dog sniffs in other contexts to authorize warrantless dog sniff of the front door of Defendant's residence in this case. Officer could not reasonably rely on a search warrant that was issued based on warrantless police dog sniff of front door of Defendant's apartment, as that practice had not been specifically authorized by any established precedent. Thus, good faith exception to exclusionary rule does not apply.  (O'BRIEN, concurring; WRIGHT, dissenting.)