People v. Holmes
45 N.E.3d 326
Ill. App. Ct.2016Background
- On June 8, 2012, Chicago police observed David Holmes with a revolver visible in his waistband, removed the gun, and arrested him; officers later learned he lacked a FOID card.
- Holmes was charged with multiple counts of aggravated unlawful use of a weapon (AUUW), including two counts premised on carrying a firearm without a valid FOID card (720 ILCS 5/24‑1.6(a)(3)(C)).
- After Holmes’ arrest, the Illinois Supreme Court decided People v. Aguilar, invalidating a portion of the AUUW statute; the State conceded counts based on the Aguilar portion and nol-prossed them.
- Holmes moved to quash the arrest and suppress evidence as the arrest’s probable cause relied on a portion of the AUUW statute the Aguilar court found unconstitutional; the trial court granted suppression.
- The State appealed, arguing the officer acted in good-faith reliance on then-valid law (invoking the good-faith exception and 725 ILCS 5/114‑12(b)(2)(ii)), while Holmes relied on Illinois precedent holding statutes declared facially unconstitutional are void ab initio.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in suppressing evidence obtained after arrest based on a statutory provision later held facially unconstitutional | Officer reasonably relied on then-valid AUUW statute; good-faith exception should bar suppression | A statute declared unconstitutional is void ab initio; evidence obtained under a statute that never validly existed must be suppressed | Affirmed: suppression proper under void ab initio doctrine; good-faith exception disallowed here |
| Whether statutory codification of a good-faith exception (725 ILCS 5/114‑12(b)(2)(ii)) requires admission of evidence obtained under a statute later invalidated | Section 114‑12(b)(2)(ii) permits admission where officer acted in good faith relying on statute | Void ab initio doctrine and Carrera preclude applying good-faith to facially invalid statutes | Court declined to resolve direct conflict but followed Carrera; did not apply the statutory good-faith exception |
Key Cases Cited
- People v. Aguilar, 2013 IL 112116 (Illinois Supreme Court) (invalidated portion of AUUW statute)
- People v. Carrera, 203 Ill. 2d 1 (Illinois Supreme Court) (facially unconstitutional statutes are void ab initio; good‑faith exception not applied)
- People v. Krueger, 175 Ill. 2d 60 (Illinois Supreme Court) (declined to adopt Krull good‑faith rule under Illinois Constitution)
- United States v. Leon, 468 U.S. 897 (U.S. Supreme Court) (established good‑faith exception for warrants)
- Illinois v. Krull, 480 U.S. 340 (U.S. Supreme Court) (extended Leon to statutes authorizing searches)
- Michigan v. DeFillippo, 443 U.S. 31 (U.S. Supreme Court) (searches/arrests under a law later found vague need not be suppressed where officer had probable cause)
- People v. Carlson, 185 Ill. 2d 546 (Illinois Supreme Court) (recognized statutory codification of good‑faith principles as codification of Leon)
- United States v. Charles, 801 F.3d 855 (7th Cir.) (police may rely on laws later invalidated for Fourth Amendment probable‑cause purposes)