People v. Decuir, 79-460
| Court | United States Appellate Court of Illinois |
| Citation | 39 Ill.Dec. 912,84 Ill.App.3d 531,405 N.E.2d 891 |
| Docket Number | No. 79-460,79-460 |
| Parties | , 39 Ill.Dec. 912 PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Harold DECUIR, Defendant-Appellee. |
| Decision Date | 05 June 1980 |
Page 891
v.
Harold DECUIR, Defendant-Appellee.
Page 892
[39 Ill.Dec. 913] Edward F. Petka, State's Atty., Joliet, for plaintiff-appellant.
Rita F. Kennedy, John X. Breslin, State's Attys. App. Service Commission, Ottawa, Alan D. Blumenthal, Chicago, for defendant-appellee.
BARRY, Justice.
This is an appeal by the People of the State of Illinois (hereinafter referred to as the State) from an order of the Circuit Court of Will County suppressing evidence which would have otherwise been presented by the State at the trial of the defendant, Harold Decuir, for the offense of [84 Ill.App.3d 532] possession of a controlled substance. At the hearing on the motion to suppress, it was brought out that the defendant was stopped on August 29, 1978, for speeding. It was stipulated that the stop was a good stop.
The defendant was driving on a ticket which he gave to the officer when the officer requested his driver's license. The officer and the defendant then returned to the officer's squad car, and the officer called the radio dispatcher for a driver's license check on the defendant. The radio operator responded with a "warning alert." The officer had the defendant get out of the car and asked the radio dispatcher for what the defendant was wanted. The dispatcher informed him that a warrant for possession of cocaine with a $10,000 bond from Cook County was outstanding. The officer then placed the defendant under arrest on the warrant and handcuffed him and recontacted the dispatcher, asking him to confirm that the warrant was still active. The radio dispatcher notified the officer that the warrant was still active and gave the officer the warrant number, LEADS number, and NCIC number.
The parties stipulated that on June 13, 1977, Judge Scotillo of the Circuit Court of Cook County issued the warrant in question. They further stipulated that on June 29, 1977, the warrant was quashed and recalled by Judge Scotillo. The parties later stipulated that the officer had every reason to believe and in good faith believed that that warrant was valid on the day he arrested the defendant.
The officer, after arresting the defendant, advised him of his Miranda warnings. He then obtained permission to search the vehicle which the defendant had been driving. He found nothing in the vehicle...
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People v. Arnold, 2-07-0463.
...211, 711 N.E.2d 24 (1999); People v. Joseph, 128 Ill.App.3d 668, 673, 83 Ill.Dec. 883, 470 N.E.2d 1303 (1984); People v. Decuir, 84 Ill.App.3d 531, 533, 39 Ill.Dec. 912, 405 N.E.2d 891 (1980). The rationale for suppression is that, where the evidence supports the conclusion that stale infor......
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State v. Peterson, 1
...83 Ill.Dec. 883, 470 N.E.2d 1303 (1984); People v. Lawson, 119 Ill.App.3d 42, 74 Ill.Dec. 668, 456 N.E.2d 170 (1983); People v. Decuir, 84 Ill.App.3d 531, 39 Ill.Dec. 912, 405 N.E.2d 891 (1980); People v. Jennings, 54 N.Y.2d 518, 446 N.Y.S.2d 229, 430 N.E.2d 1282 (1981); People v. Watson, 1......
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...result of an arrest based solely upon a warrant that is totally lacking in any factual support for its issuance. See People v. Decuir, 84 Ill.App.3d 531, 39 Ill.Dec. 912, 405 N.E.2d 891 (1980) (Whiteley requires suppression of evidence seized in arrest resulting from mistaken dispatch that ......
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Albo v. State, 84-1945
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