People v. Seats

PRESIDING JUSTICE WELCH

delivered the opinion of the court:

The State appeals from an order of the circuit court of Marion County suppressing certain evidence seized from the home of defendants Mark Seats and Tammy Seats during a search conducted pursuant to a search warrant. (87 Ill. 2d R. 604(a).) Three questions are presented by this appeal: (1) Should Illinois v. Gates (1983), 462 U.S. 213, 76 L. Ed. 2d 527, 103 S. Ct. 2317, be applied retroactively? (2) If so, is the complaint for the search warrant in this case sufficient under Gates? (3) Does a “good faith exception” to the fourth…