People v. Glorioso

State: Illinois

Court: 2nd District Appellate

Docket No: 2-08-0271 Rel

Case Date: 02/16/2010

Preview:No. 2--08--0271 Filed: 2-16-10 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the Circuit Court ) of Lake County. ) Plaintiff-Appellee, ) ) v. ) No. 07--CF--888 ) KEITH A. GLORIOSO, ) Honorable ) Fred L. Foreman, Defendant-Appellant. ) Judge, Presiding. ______________________________________________________________________________ JUSTICE BURKE delivered the opinion of the court: Defendant, Keith A. Glorioso, was charged with unlawful possession of a substance containing cocaine (720 ILCS 570/402(c) (West 2006)). He moved to suppress evidence seized under a warrant to search his house. After a hearing, the trial court ruled that the search had violated the "knock and announce" rule, but that, under Hudson v. Michigan, 547 U.S. 586, 165 L. Ed. 2d 56, 126 S. Ct. 2159 (2006), the exclusionary rule did not apply. After a stipulated bench trial, defendant was convicted and sentenced to 24 months' probation. On appeal, he contends that, although the evidence cannot be excluded under the fourth amendment to the United States Constitution (U.S. Const., amend. IV), it should be excluded under article I, section 6, of the Illinois Constitution (Ill. Const. 1970, art. I,

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