People v. Harris
35 N.E.3d 995
Ill. App. Ct.2015Background
- Harris was charged with possession of cannabis and possession with intent to deliver after an arrest based on an anticipatory search warrant.
- Police intercepted a FedEx package addressed to S. Harris at 6629 North Kolmar and installed an electronic monitoring device with a breakaway filament; the warrant allowed search once the package was accepted.
- A controlled delivery occurred; Harris retrieved the package, placed it in his vehicle, and the monitoring device did not indicate the package had been opened.
- Officers arrested Harris before the package was opened and obtained statements after Miranda; those statements were not recorded.
- Harris moved to quash his arrest and suppress the evidence on the basis that the triggering event had not occurred and probable cause was lacking.
- The trial court denied suppression; at trial Harris was convicted of possession of cannabis; on appeal, the court reversed suppression and remanded for new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the arrest and search valid under the anticipatory warrant triggering condition? | Harris | State | No; warrant execution premature; suppression required. |
Key Cases Cited
- People v. Bui, 381 Ill. App. 3d 397 (2008) (ant anticipatory warrants must be narrowly drawn; device usage clarifies triggering event)
- Grubbs, 547 U.S. 90 (2006) (provision of triggering conditions for anticipatory warrants; focus on probable cause)
- Urbina, 393 Ill. App. 3d 1074 (2009) (searches must describe with particularity; device evidence informs execution)
- Carlson, 185 Ill. 2d 546 (1999) (announces standards for anticipatory warrants and triggering conditions)
- Sutherland, 223 Ill. 2d 187 (2006) (discussion of warrants and search validity under totality of circumstances)