2015 IL App (1st) 140093
Ill. App. Ct.2015Background
- On July 25, 2011, police investigated complaints of narcotics activity at apartment unit 1F of a Riverside, Illinois building; complaints identified only the unit, not any person.
- Officer Lazansky observed Miltron Brown leave unit 1F, followed him, and stopped him for a traffic-related issue; Lazansky saw three pills in a plastic bag in the car door handle and arrested Brown.
- Later that evening, officers with a certified narcotics canine conducted a sniff; the dog alerted at both the front (common entry) and back doors of unit 1F.
- Lazansky prepared an affidavit relying principally on the canine alerts and obtained a search warrant approved by a prosecutor and judge; officers executed the warrant.
- The trial court suppressed the evidence because, under Florida v. Jardines, a warrantless canine sniff within the curtilage of a home violates the Fourth Amendment, and without that sniff there was no probable cause for the warrant.
- The State appealed, arguing the Leon good-faith exception (as extended in Davis) should permit admission because Jardines was decided after the warrant was obtained.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Leon good-faith exception permits admission of evidence where the warrant relied on a warrantless canine sniff later held unconstitutional (Jardines) | Warrant execution was objectively reasonable because, before Jardines, dog sniffs were lawful in Illinois and officers relied on existing precedent; Davis permits good-faith reliance on binding appellate precedent | The canine sniff occurred within the home’s curtilage and Jardines makes that practice unconstitutional; without the sniff there was no probable cause, so suppression was proper | Court affirmed suppression: good-faith exception did not apply because no binding precedent authorized canine sniffs in the curtilage and Illinois precedent disfavors extending the Davis good-faith rule here |
Key Cases Cited
- United States v. Leon, 468 U.S. 897 (establishes good-faith exception to exclusionary rule for warrants issued by neutral magistrate)
- Florida v. Jardines, 133 S. Ct. 1409 (canine sniff within home curtilage is a Fourth Amendment search)
- Davis v. United States, 131 S. Ct. 2419 (good-faith exception may apply where binding appellate precedent authorized the practice)
- People v. Krueger, 175 Ill. 2d 60 (Illinois declined to adopt Supreme Court extension of good-faith exception to statutes later held unconstitutional)
- People v. Carrera, 203 Ill. 2d 1 (Illinois declined to apply good-faith exception where statute was later held unconstitutional and suppression was required)
- People v. Stewart, 104 Ill. 2d 463 (Illinois adoption of Leon good-faith principle)