This case presents question as to whether in instant murder prosecution trial court properly denied defendant’s motion to suppress evidence seized from his apartment on ground that officers’ warrantless entry into his apartment immediately after murder was not justified by community caretaking exception to warrant requirement. Trial court found that officers’ second trip to defendant’s apartment at 4:15 a.m. after neighbor reported hearing sounds of wrestling and screams coming from defendant’s apartment and after defendant had failed to respond to officers’ knocking on door for five minutes fell squarely within community caretaking function to support instant warrantless entry and search of defendant’s apartment, which revealed murder weapon and blood evidence linking defendant to said weapon. Appellate Court, in affirming trial court, found that emergency aid exception applied, where police had reasonable grounds to believe that there was emergency at hand, and where police had reasonable basis to associate emergency with area to be searched.
Illinois Supreme Court PLAs
Criminal Court
Search and Seizure