People v. Garvin

Chief Justice Thomas and Justices Fitzgerald, Gar-man, and Karmeier concurred in the judgment and opinion.

Justice McMorrow, joined by Justice Freeman, specially concurred.

OPINION

In this case, defendant Raymond E. Garvin challenges the circuit court of Du Page County’s denial of his motion to quash arrest and suppress evidence and, in an issue of first impression before this court, the constitutionality of section 5—4—3 of the Unified Code of Corrections (730 ILCS 5/5—4—3 (West 2002)). The latter argument challenges the statute both on its face and as applied in this case under the search and…