IL: Rodriguez was not a new rule of law; it restated Caballes

Rodriguez was not a new rule of law; it restated Caballes. The state doesn’t get the benefit of the good faith exception by pointing to it. “At the outset, we note that the State acknowledges that the trial court erred in holding that Thulen’s actions were protected by the good faith exception to the exclusionary rule regarding traffic stops. The court held that the good faith exception applied because the officers relied on precedent established before Rodriguez was decided. However, the defendant and the State point out, and we agree, that Rodriguez did not create new law but merely restated precedent established in Illinois v. Caballes, 543 U.S. 405, 407 (2005), which was in effect at the time of the traffic stop, here. Therefore, the court erred in holding that the good faith exception applied.” People v. Sanchez, 2021 IL App (3d) 170410, 2021 Ill. App. LEXIS 50 (Feb. 17, 2021).