IL: SI on an arrest with PC but made without a warrant removing def from house was valid; SI occurred outside

Defendant was unlawfully arrested inside his home without a warrant. He was taken outside and frisked and a gun was found. The gun will not be suppressed under existing Illinois precedent. “As a result, we find the cases cited by the State to be more convincing. Here, defendant, like the defendant in Alexander, does not dispute that probable cause existed for his arrest. Thus, according to Alexander and Houston, we find that where officers had probable cause to effectuate defendant’s arrest, and while their entry into his home to do so was unlawful under Payton, the evidence recovered outside his home is not required to be suppressed. The trial court properly denied defendant’s motion to quash arrest and suppress evidence.” People v. Garcia, 2017 IL App (1st) 142141, 2017 Ill. App. LEXIS 118 (March 6, 2017).

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