The People of the State of Illinois v. Robert W. Wear, 229 Ill. 2d 545

893 N.E.2d 631 (Ill. 2008) · Supreme Court of Illinois · July 24, 2008 · No. No. 104181

Summary

The Supreme Court of Illinois considered whether an officer's warrantless entry into a residence and arrest for suspected driving under the influence violated the Fourth Amendment. The court reviewed the rescission of Robert W. Wear's statutory summary suspension and addressed probable cause, hot pursuit, and the applicable standard of review. The court affirmed the circuit court's ruling in Wear's favor.

Holdings

  1. Considering the totality of the circumstances objectively, Officer Dawdy had probable cause to arrest Wear for DUI at least by the time Wear stood at the residence threshold.
  2. The warrantless, nonconsensual entry into the residence was reasonable under the Fourth Amendment because Officer Dawdy had probable cause to arrest Wear at the threshold and was in hot pursuit when Wear continued into the home.
  3. The statutory summary suspension should not be rescinded because the State established reasonable grounds, equivalent in this proceeding to probable cause, for Wear's DUI arrest.
  4. The reviewing court defers to historical factual findings unless clearly erroneous or against the manifest weight of the evidence, but reviews the ultimate legal ruling de novo.

Questions Presented

  1. Whether the officer had probable cause to arrest Wear for DUI before entering the residence.
  2. Whether the officer's warrantless, nonconsensual entry into the residence was justified under the Fourth Amendment hot-pursuit exception.
  3. Whether the statutory summary suspension of Wear's driving privileges should be rescinded for lack of reasonable grounds.
  4. What standard of review applies to an appeal from a petition to rescind a statutory summary suspension.

Disposition

affirmed

Cases Cited (34)

  • People v. Lagle, 200 Ill. App. 3d 948, 558 N.E.2d 514 (1990)(followed)
  • United States v. Santana, 427 U.S. 38, 49 L. Ed. 2d 300, 96 S. Ct. 2406 (1976)(followed)
  • People v. Smith, 172 Ill. 2d 289, 665 N.E.2d 1215 (1996)(followed)
  • Terry v. Ohio, 392 U.S. 1, 20 L. Ed. 2d 889, 88 S. Ct. 1868 (1968)(followed)
  • People v. Luedemann, 222 Ill. 2d 530, 857 N.E.2d 187 (2006)(followed)
  • People v. Rush, 319 Ill. App. 3d 34, 745 N.E.2d 157 (2001)(followed)
  • People v. Fortney, 297 Ill. App. 3d 79, 697 N.E.2d 1 (1998)(followed)
  • Ornelas v. United States, 517 U.S. 690, 134 L. Ed. 2d 911, 116 S. Ct. 1657 (1996)(followed)
  • People v. Sorenson, 196 Ill. 2d 425, 752 N.E.2d 1078 (2001)(followed)
  • People v. Pitman, 211 Ill. 2d 502, 813 N.E.2d 93 (2004)(followed)

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