People v. Burns

Warantless use of a drug-detection dog at 3:20 a.m. at Defendant's apartment door, located within a locked apartment building, violated Defendant's rights under 4th Amendment. Good-faith exception to exclusionary rule does not apply, as at time of officers' conduct, binding 4th District precedent existed holding that common areas of locked apartment buildings are protected by 4th Amendment. Third-floor landing, located directly outside of Defendant's apartment door and nature of its use is generally limited to Defendant, one neighbor, and their invitees; landing is of limited access and not observable by "people passing by."  Thus, landing is curtilage. Absent the dog sniff, evidence relied on in complaint and affidavit for search warrant was insufficient to establish probable cause for search warrant of Defendant's home.(FREEMAN, BURKE, and THEIS, concurring; GARMAN, specially concurring; THOMAS and KARMEIER, dissenting.)