People v. Lomax

(Court opinion corrected 1/16/13.) Defendant was charged with eight counts of unlawful use of a weapon by a felon and one count of being an armed habitual criminal. Court improperly granted Defendant's motions to quash arrest and suppress. Officers' warrantless search of apartment, in response to multiple anonymous 911 calls reporting that gunshots had been heard from building, was only a plain view safety search, and was justified by emergency aid exception to warrant requirement. Probable cause existed, as one 911 caller identified the apartment where Defendant was found. Though police did not have authority to command occupants to exit the apartment, based on totality of circumstances fourth amendment was not violated. (LAMPKIN, concurring; GARCIA, dissenting.)