Defendant was charged with 1 count of causing child endangerment, alleging that she left her 3-month-old infant unattended and alone in a residence. Court erred in granting Defendant's motion to suppress evidence. After tip that a minor was left inside the residence unattended, officer looked through window and saw a small crib with a foot moving up and down; when infant's father and the Defendant returned from a bar and entered the house, officer, without a warrant, followed him inside. It was not objectively unreasonable for responding officers to continue, rather than terminate, their community caretaking function and for them to wish to enter the home and see that the infant was then safe and not in danger or in potential danger. It was not objectively unreasonable for officer to glance into each room he passed to see if anyone else was present, as he did so in part for officer safety purposes.(CHAPMAN and BARBERIS, concurring.)
Illinois Appellate Court
Criminal Court
Motion to Suppress