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Police Search This Property Without A Warrant State Concedes Some Illegality

Police Search This Property Without A Warrant State Concedes Some Illegality

Update: 2020-03-131
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In re K.M., 2019 IL App (1st) 172322 (February). Episode 595 (Duration 13:05 )







Police entered onto private property without a warrant to retrieve stolen property, the fallout is widespread.























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Anonymous Call







Sauk Village Police Department received an anonymous call on, around 12:18 p.m. from an individual who reported seeing people enter the residence at 22438 Yates Avenue, with items, particularly a television.







The caller called multiple times during the investigation directing the police to 22438 Yates Avenue.







The police department opened a burglary investigation.







The Search But No Seizure







Police arrive and conduct a search of the area surrounding the residence including the garbage cans located on the driveway and the detached garage.







The garbage can was not covered with a lid.







Home Owner Finally Called







That same afternoon, Sauk Village police received another call reporting a burglary.







The caller stated that he had returned home and discovered computer accessories, personal documents, and a large flat-screen television were missing. The items taken were documents including a passport, bank statements, a black television, a black laptop, and a black external hard drive. 







Back To The Garbage Cans







According to police, the garbage was full, but they could identify documents in the garbage that belonged to the victim. The officer did not have to manipulate the garbage in any way to see the victim’s name on the documents.







Police immediately could see a garbage can with a black box on top of the garbage can. They opened the black box and found the victim’s passport and documents with the victim’s address inside the black box. 







Into The Detached Garage


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Police Search This Property Without A Warrant State Concedes Some Illegality

Police Search This Property Without A Warrant State Concedes Some Illegality

Arthur McGibbons