People v. Harris

(Correcting case citation and link.) Defendant was convicted, after jury trial, of possession of cannabis and sentenced to 24 months probation. Court erred in denying motion to quash Defendant's arrest and suppress evidence. Officers improperly executed search by arresting Defendant before he opened a package containing narcotics that had been fitted by police with electronic monitoring and breakaway filament device. Officers knew that device had produced no information that package had been opened, and possessed no prior knowledge connecting Defendant to package or its contents. Officers were aware of ambiguity reflected on face of warrant, which broadly authorized search of "S. Harris or anyone taking possession of" the package. Without any further information, officers could not have reasonably believed that warrant authorized a search of anyone who picked up package without opening it, and good faith exception does not apply.(LAVIN and HYMAN, concurring.)