People v. Caruso
| Decision Date | 12 October 1971 |
| Docket Number | Gen. No. 55261 |
| Citation | 276 N.E.2d 112,2 Ill.App.3d 80 |
| Parties | PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Peter CARUSO, otherwise called Peter Busch, Defendant-Appellee. |
| Court | United States Appellate Court of Illinois |
Edward V. Hanrahan, State's Atty., Cook County, Chicago, Robert A. Novelle, Elmer Kissane, Joseph Romano, Asst. State's Attys., for plaintiff-appellant.
Pursuant to Supreme Court Rule 604, Ill.Rev.Stat.1969, c. 110A § 604, the State appeals from an order of the trial court suppressing evidence of illegal gambling activities.
No brief has been filed by defendant, but in accordance with our practice we will examine the merits of this appeal. Lynch v. Wolverine Ins. Co., 126 Ill.App.2d 192, 261 N.E.2d 466. The evidence in question consisted of articles seized by police officers on the basis of information received from agents of the Federal Bureau of Investigation, who found the articles while executing a federal search warrant for stolen property. The facts follow.
On October 23, 1969, FBI agents went to the home of John Tamburello at 3521 Lincoln Avenue, Franklin Park, Illinois, to conduct a search for stolen property pursuant to a warrant issued by a United States Commissioner. While they were conducting a search of the premises, the telephone rang and FBI agent Robert Davidson answered it on an extension in the kitchen. He overheard the caller ask, 'Are the results in for today?' and the response, 'Call back later.' Davidson resumed his search and upon entering a rear bedroom observed the defendant Peter Caruso. There was a desk in the room on which Davidson saw a telephone and an electric blender which was turned on. Strewn on top of the desk were racing forms, newspapers and numerous slips of paper with numbers and figures written on them. Shortly thereafter the telephone rang again and Davidson, who was in the vicinity of the kitchen, answered on the extension phone. He heard the caller say, Davidson told the caller to check back in about five minutes and hung up. At the hearing on defendant's motion to suppress, Davidson testified that after the second telephone call, he went back to the rear bedroom where he saw scraps of paper in the liquid contents of the electric blender. He could not determine however what had been written on them. The Franklin Park police were notified and when they arrived, they arrested the defendant and seized the slips of paper and the racing publications. The trial court granted defendant's motion to suppress the slips of paper on...
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