People v. Lewerenz
| Decision Date | 29 May 1963 |
| Docket Number | Gen. Nos. 49011,49012 |
| Citation | 42 Ill.App.2d 410,192 N.E.2d 401 |
| Parties | The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Carl T. LEWERENZ, Defendant-Appellee. Appeal of Orlando W. WILSON, Superintendent of Police of the City of Chicago. Appeal of Frank G. SAIN, Sheriff of Cook County. |
| Court | United States Appellate Court of Illinois |
Daniel P. Ward, State's Atty. of Cook County, Edward J. Hladis, James R. Thompson, Asst. State's Attys., of counsel, for appellants Sheriff of Cook County and People of State of Illinois.
John C. Melaniphy, Corporation Counsel of City of Chicago, Sydney R. Drebin, Robert J. Collins, Asst. Corporation Counsel, of counsel, for appellant Orlando W. Wilson.
Harry J. Busch, Chicago, Jacob Shamberg, Angelo Ruggiero, Chicago, of counsel, for appellee.
Four indictments were returned against Carl T. Lewerenz in the Criminal Court of Cook County, two charging the unlawful sale of narcotics and two charging conspiracy to sell narcotic drugs. The defendant prosecuted a Writ of Error in the Supreme Court to reverse his conviction in the four indictments. The People confessed error in the indictments charging conspiracy. The Supreme Court reversed the judgments and remanded the case in the indictments charging the sale of narcotics. People v. Lewerenz, 24 Ill.2d 295, 181 N.E.2d 99. Upon re-trial, the defendant was acquitted. Thereafter he filed a petition in the Criminal Court praying for the return to him of all photographs, finger prints and records of identification of him taken at the time of his arrest or thereafter. Notice of the petition was served only on the State's Attorney of Cook County. The court entered an order directing the Superintendent of Police of Chicago, the Sheriff of Cook County and the Department of Public Safety of the State of Illinois to forthwith 'return' to defendant all photographs, finger prints and other records of identification taken of the defendant at the time of his arrest and subsequent thereto in connection with the charges in the indictments. The People and the Sheriff appeal. The Superintendent of Police of the City of Chicago prosecutes a separate appeal.
The defendant in his petition relies upon the provisions of Chap. 38, § 780(e), Ill.Rev.Stat.1961, for the 'return' of photographs, finger prints and other records of identification of him taken at the time of his arrest and subsequent thereto. This statute pertains to the Department of Public Safety of Illinois alone and not to the Superintendent or Chief of Police of a municipality, or to a Sheriff. It is intended to govern the Department of Public Safety in its activities. The applicable provisions of the statute and directed to the Department. The authority of the Superintendent of Police or the Sheriff to take photographs, finger prints and other records of identification is not derived from the statute applicable to the Department of Public Safety. We adhere to the views expressed in Kolb v. O'Connor, 14 Ill.App.2d 81, 142 N.E.2d 818, that the Criminal Investigation Act is applicable only to the Department of Public Safety. In the Kolb ca...
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