Defendant was convicted of unlawful possession of cannabis and sentenced to 3 years. Defendant’s ex-girlfriend had made a 911 call and indicated that Defendant was suicidal. Two officers arrived at Defendant’s residence, made contact with Defendant outside, then entered residence and observed cannabis plants in plain view. They then obtained a warrant and seized the plants. Court properly denied Defendant’s motion to suppress. When police have a reasonable basis to believe that someone else in a residence might be in need of assistance, the community-caretaking doctrine authorizes the limited sort of intrusion that was made. Police had a photo of a person dressed in a manner different Defendant, with a knife, and thus the situation was ambiguous. It was reasonable to conduct a limited sweep of the residence to ascertain if someone else needed assistance. (HUTCHINSON and JORGENSEN, CONCURRING.)
Illinois Appellate Court
Criminal Court
Motion to Suppress