People v. Abney

This is an interlocutory appeal from a suppression order of the circuit court of McLean County. (See 73 Ill. 2d R. 604(a)(1).) The appellate court affirmed (58 Ill. App. 3d 54), and we allowed the State’s petition for leave to appeal. We have held the case under advisement pending the United States Supreme Court’s decision in Payton v. New York (1980), 445 U.S. 573, 63 L. Ed. 2d 639, 100 S. Ct. 1371, holding that the warrantless, nonexigent entry of a private residence, for the purpose of effectuating a felony arrest, is unconstitutional. With the benefit of that ruling, we now reverse.

On…