People v. Absher
242 Ill. 2d 77
Ill.2011Background
- Absher pled guilty to retail theft; two-year probation, first year intensive probation, second year standard.
- Intensive probation order required obedience to general rules and suspicionless searches of person, residence, papers, automobile, and effects; consent to use evidence seized.
- May 17, 2004 probation search of Absher’s residence uncovered cocaine, marijuana, lighters, and pipes; Absher was charged with unauthorized possession of a controlled substance.
- Absher moved to suppress; argued the search violated privacy because it lacked reasonable suspicion and he did not consent to entry.
- Circuit court denied suppression; appellate court reversed; State sought review; this Court agreed to decide
- Lampitok distinguished; Barnett-like analysis adopted; contract-law framework applied to fully negotiated guilty plea
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Absher waived Fourth Amendment rights by agreeing to 10(c) | Absher knowingly waived privacy rights through a negotiated plea | Lampitok controls; no prospective waiver of privacy rights exists | Waiver found; consent prospective under Barnett framework |
| Whether contract principles govern fully negotiated guilty pleas | State should benefit from bargain; no unilateral modification by defendant | Defendant should be able to challenge search independently | Contract principles apply; plea and sentence are interdependent |
| Whether Lampitok governs the result or Barnett controls here | Lampitok distinctions apply; Barnett dictates result | Lampitok should apply as factual distinction remains | Lampitok distinguished; Barnett controls; consent found prospective |
| Standard of review for suppression rulings | Deferential to circuit court findings; de novo on legality | Same de novo standard; focus on reasonableness under Fourth Amendment | De novo review of ultimate legal question; findings reviewed for manifest weight |
Key Cases Cited
- People v. Evans, 174 Ill.2d 320 (1996) (fully negotiated guilty pleas governed by contract-law principles)
- People v. Diaz, 192 Ill.2d 211 (2000) (contract principles apply when State concedes sentence terms)
- People v. Lampitok, 207 Ill.2d 231 (2002) (probation search condition not a prospective waiver; distinct facts)
- United States v. Knights, 534 U.S. 112 (2001) (probationers have diminished privacy interests; reasonable search)
- United States v. Barnett, 415 F.3d 690 (7th Cir. 2005) (probationer's agreement to suspicionless search can be prospective consent if knowing and intelligent)