People v. Krueger

Procedural entryThis page is a short order in People v. Krueger. Read the opinion of the Court — 175 Ill. 2d 60
Illinois Supreme Court·Decided December 19, 1996·No. 80486·Published

Opinion

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             Docket No. 80486--Agenda 14--September 1996.

   THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. PAUL KRUEGER,

                               Appellee.

                   Opinion filed December 19, 1996.

    CHIEF JUSTICE BILANDIC delivered the opinion of the court:

    The central issue in this appeal is whether section 108--

8(b)(2) of the "no-knock" statute (725 ILCS 5/108--8(b)(2) (West

1994)) violates constitutional guarantees against unreasonable

searches and seizures. We answer in the affirmative. We next hold

that the Illinois Constitution of 1970 prohibits the application of

the good-faith exception to the exclusionary rule recognized in

Illinois v. Krull, 480 U.S. 340, 94 L. Ed. 2d 364, 107 S. Ct. 1160

(1987).

                                  FACTS

    On November 15, 1995, an agent of the Lake County Metropolitan

Enforcement Group and an informant identified as John Doe appeared

before a judge of the circuit court of Lake County and presented a

complaint for a search warrant. The complaint requested a warrant

to search the defendant, Paul Krueger, and his home for the purpose

of seizing cocaine and other items related to the sale of

controlled substances.

    According to the affidavit signed by the agent and John Doe,

they had conducted a controlled purchase of cocaine from the

defendant at his residence within the last 72 hours. John Doe also

attested that he had purchased cocaine from the defendant on prior

occasions and the defendant told him that he keeps guns in his

home. John Doe had personally seen one firearm in the defendant's

home, sometime within the previous two months.

    The circuit judge issued a warrant authorizing the police to

search the defendant and his home. The judge further authorized the

police to enter the defendant's home without knocking and

announcing their office. The judge found that an unannounced entry

was permitted under the no-knock statute (725 ILCS 5/108--8(b)

(West 1994)) because the defendant was known to keep a firearm

there. Subsection (b)(2) of the statute classified the prior

possession of a firearm as an exigent circumstance (725 ILCS 5/108-

-8(b)(2) (West 1994)), which authorized a no-knock entry.

    The next morning police forcibly entered the defendant's home

without knocking and announcing their office. The defendant was

arrested and later charged with unlawful possession of a controlled

substance (720 ILCS 570/402(c) (West 1994)), unlawful possession of

a controlled substance with intent to deliver (720 ILCS

570/401(a)(2)(A) (West 1994)), and armed violence (720 ILCS 5/33A--

2 (West 1994)), based on evidence seized during the search.

    On January 5, 1996, the defendant filed a motion to quash his

arrest and suppress evidence. The parties stipulated to the above

facts and asked the circuit court to rule on the motion as a matter

of law. In the motion, the defendant contended that the mere

presence of a firearm in his home did not constitute an exigent

circumstance, which would excuse the knock-and-announce

requirement. He thus asserted that the police officers' unannounced

entry into his home violated his constitutional rights. The circuit

court of Lake County agreed and granted the defendant's motion to

quash his arrest and suppress evidence.

    Upon a request for clarification by the State, the circuit

court declared subsection (b)(2) of the no-knock statute to be

unconstitutional. The State then argued that the good-faith

exception to the exclusionary rule recognized in Illinois v. Krull,

480 U.S. 340, 94 L. Ed. 2d 364, 107 S. Ct. 1160 (1987), should

apply because the officers, in making their unannounced entry, were

acting in objectively reasonable reliance on a statute later

declared to be unconstitutional. The circuit court declined to

follow Krull based on People v. McGee, 268 Ill. App. 3d 32 (1994),

where our appellate court held that to do so would violate the

Illinois Constitution.

    This direct appeal by the State followed. 134 Ill. 2d Rule

603. We now affirm the circuit court's judgment.

                                ANALYSIS

                                    I

    The State contends that the circuit court erred in granting

the defendant's motion to quash his arrest and suppress evidence.

According to the State, the police were not required to knock and

announce their office before entering the defendant's home because

they had a warrant issued pursuant to subsection (b)(2) of the no-

knock statute authorizing their unannounced entry.

    The defendant counters that subsection (b)(2) of the no-knock

statute contravenes the fourth and fourteenth amendments to the

United States Constitution and article I, section 6, of the

Illinois Constitution of 1970. He asserts that subsection (b)(2)

unconstitutionally classifies the mere presence of a firearm in a

home as an exigent circumstance. He therefore maintains that the

officers' unannounced entry into his home based on subsection

(b)(2) violated his constitutional rights.

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