People v. Mathes

Mr. JUSTICE SCOTT,

specially concurring:

I concur in the opinion and reasoning of the majority; however, I believe defendant’s reliance on People v. Ouellette (1978), 57 Ill. App. 3d 249, 373 N.E.2d 114, requires a few added comments. The court today applies the rule of reasonableness in judging the legality of a search’s execution. Such a rule was established in Ker v. California (1963), 374 U.S. 23, 10 L. Ed. 2d 726, 83 S. Ct. 1623, and has been adopted by the Illinois courts. (People v. Boykin (1978), 65 Ill. App. 3d 738, 382 N.E.2d 1369.) As the majority opinion correctly observes, the…