In re K.M.

Illinois Appellate Court
Civil Court
Juveniles
Citation
Case Number: 
2019 IL App (1st) 172322
Decision Date: 
Wednesday, February 20, 2019
District: 
1st Dist.
Division/County: 
Cook Co., 3rd Div,
Holding: 
Reversed and remanded with directions.
Justice: 
COBBS

Respondent minor was adjudicated delinquent for residential burglary and sentenced to 18 months probation. Court erred in denying minor's motion to suppress physical evidence. Anonymous caller only relayed to police that they saw people entering a residence carrying items such as a TV. Evidence showed that minor might have engaged in otherwise innocent conduct that occurred in near place and time to a reported crime. Evidence was insufficient to establish independent probable cause to arrest minor on his porch. There was no independent intervening event that broke causal chain between police's illegal search of garbage in curtilage of minor's home and discovery of TV and minor's arrest. (HOWSE and ELLIS, concurring.)