Illinois Appellate Court
Criminal Court
Motions to Suppress
DEA agents, without judicial authorization, installed a GPS tracking device on Defendant's car. Court properly granted motion to quash Defendant's arrest (a month later, for possession of marijuana with intent to deliver), and to suppress evidence. State failed to show that police acted in good faith when they installed GPS device on Defendant's car. Police failed to ask any attorney for advice on meaning of 7th Circuit's 2007 Garcia decision, and failed to show any grounds to suspect Defendant of criminal activity. (SIMON, concurring; LIU, specially concurring.)