People v. Logsdon

PRESIDING JUSTICE RARICK

delivered the opinion of the court:

The State appeals from the order of the circuit court of Fayette County granting the motion of defendant, Barbara Logsdon, to suppress evidence illegally seized. The question presented is whether a police officer who enters a house with the consent of the owner, sees marijuana and then leaves the house to call for backup and a search warrant, may reenter the house without a warrant to seize the marijuana. We reverse.

On April 3, 1988, defendant, while hospitalized, called the Effing-ham County sheriff’s department and explained that…