People v. Burns
Annotate this CaseBurns, lives in unit 10 on the third floor of a 12-unit three-story Urbana apartment building that is secured by locked entrances. The common areas are not accessible to the public. In November 2012, the police department’s Crimestoppers hotline received an anonymous tip that Burns was selling marijuana and ecstasy. Investigating, detective Mecum discovered that in October 2008, Burns was issued a notice to appear for possession of marijuana and drug paraphernalia; she had been arrested in 2003, for possession of marijuana. Mecum also observed “images for the legalization of marijuana,” “a picture containing actual marijuana,” and “a picture containing large amounts of U.S. currency” on defendant’s social media page. Mecum went to the building in plain clothes to “confirm her address.” After several visits, an unidentified tenant let him in. Walking through the building, Mecum observed a package addressed to Burns. At approximately 3:20 a.m., Officer Cervantes entered the building, without a warrant, with his drug-detection dog, and went to the third floor. The dog alerted to narcotics at Burns’s apartment door. Mecum obtained a search warrant. The ensuing search of Burns’s apartment resulted in the discovery of marijuana. Burns, charged with unlawful possession with intent to deliver between 500 and 2,000 grams of cannabis (720 ILCS 550/5(e),, successfully moved to suppress the evidence, citing the Supreme Court’s holding in Florida v. Jardines (2013). The appellate court and Illinois Supreme Court affirmed, concluding that the search warrant was issued on the basis of an unconstitutional warrantless dog sniff.
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