People v. Thornburg

              No. 2--07--0449 Filed: 8-12-08
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
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THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Kane County.
)
Plaintiff-Appellant, ))
v. ) No. 06--CF--1232
)
CLAYTON THORNBURG, ) Honorable
) Grant S. Wegner,
Defendant-Appellee. ) Judge, Presiding.
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JUSTICE BOWMAN delivered the opinion of the court:
After probation officers recovered pornographic material from his bedroom and computer
on January 4, 2005, defendant, Clayton Thornburg, was charged with three counts of possession of
child pornography (720 ILCS 5/11--20.1(a)(6) (West 2004)). Defendant subsequently filed a motion
to quash his arrest and suppress evidence. On April 5, 2007, the circuit court granted the motion,
finding that defendant's consent to the home search was involuntary and that the probation officers
lacked a reasonable suspicion to perform the search. The State filed a certificate of impairment and
timely appealed under Supreme Court Rule 604(a)(1) (210 Ill. 2d R. 604(a)(1)). It argues that (1)
the officers had a reasonable suspicion to search defendant's bedroom and computer since defendant
was already on probation, and (2) defendant consented to the searches. We affirm in part, reverse
in part, and remand for further proceedings.
I. BACKGROUND