The answer depends on the circumstances. But one recent Illinois Supreme Court case said no.
Police need a warrant to search your home with certain exceptions. Police do not have to ignore objects in plain view. So if you call police in an emergency and the officer spots a bag of cocaine on your kitchen counter, the officer can arrest you for the cocaine.
But what if the illegal weapon or drug is inside something like a cabinet or drawer that may be slightly open? Then, the answer may depend on the nature of the opening.
In People v. Hagestedt, the defendant called the fire department because of a gas leak. Police also came to the home. Once inside, an officer noted a chained, padlocked cabinet. The officer opened the door a little further, angling his flashlight through a one to two-inch crack. The officer then spotted cannabis and arrested the defendant who was later convicted. The Illinois Supreme Court found the search illegal. The officer had taken deliberate action outside the authorized reason for his presence. The cabinet did not have see through doors. There was no evidence that the gas leak was coming from it. Thus, the court ordered the evidence from the search suppressed, and the defendant’s conviction reversed.
If you have been charged with a crime, contact an experienced criminal law attorney. An attorney can review your case for its best possible defense. Was the police search legal? If not, an attorney can petition the court to suppress the evidence from the search. In some cases, this could result in your charges being dismissed, although this may depend on whether the state has other legally-obtained evidence against you.
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
