People v. Miezio, Gen. No. 68--78
| Court | United States Appellate Court of Illinois |
| Writing for the Court | ABRAHAMSON |
| Citation | 103 Ill.App.2d 398,242 N.E.2d 795 |
| Docket Number | Gen. No. 68--78 |
| Decision Date | 18 December 1968 |
| Parties | PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Douglas C. MIEZIO, Defendant-Appellee. |
Page 795
v.
Douglas C. MIEZIO, Defendant-Appellee.
Page 796
Wm. V. Hopf, State's Atty., J. Michael Fitzsimmons, Jr., Asst. State's Atty., Wheaton, for plaintiff-appellant.
[103 Ill.App.2d 399] ABRAHAMSON, Presiding Justice.
This is an appeal from the Circuit Court of DuPage County. Defendant was charged with driving an automobile while his license was suspended, a violation of Section 6--303, Chapter 95 1/2, Ill.Rev.Stat. At the time of the trial, the defendant moved to suppress the evidence and dismiss the complaint on the authority of the recent decision of this court in People v. Harr, 93 Ill.App.2d 146, 235 N.E.2d 1. This motion was granted and the State prosecutes this appeal.
On the night of March 4, 1968, at approximately 11:00 P.M. the defendant, Douglas C. Miezio, was operating his automobile on Main Street in the Village of Glen Ellyn in DuPage County. A police officer of that village noticed that the car bore no license plates and stopped the car for that apparent traffic violation. Defendant had just purchased the car and had applied for license plates. Defendant, however, could not produce his driver's license and a check with the Secretary of State's office revealed that his driver's license had been suspended effective December 6, 1964, under the provisions of the Financial Responsibility Law, ch. 95 1/2, sec. 7A--101 et seq. (Ill.Rev.Stat.). Defendant did not have a license or a permit to operate a motor vehicle in the State of Illinois.
On this appeal no appearance or brief has been filed by the appellee. When a party who prevails in the trial court does not appear or file a brief, the court is authorized to reverse and remand the case without further consideration or discussion. Latronica v. Latronica, 97 Ill.App.2d 332, 333, 240 N.E.2d 458. Such result, however, is not required.
As we mentioned, the trial court dismissed this action based on our recent decision in People v. Harr, supra. In that case the police officer had observed the defendant's motor vehicle coming out of an area adjacent to a gas [103 Ill.App.2d 400] station that had been closed for the night. The arresting officer stated the vehicle and driver appeared suspicious, and, since he had not seen the vehicle in the vicinity before, he made a routine stop to determine who the defendant was, where he was going and where he had been. He arrested the defendant for failure to have a driver's license when the license produced by the defendant proved to be an expired license. The State on appeal relied upon the provisions of ch. 95...
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Palmore v. United States, No. 5831.
...State v. Lewis, 80 N.M. 274, 454 P.2d 360 (1969); People v. Villafuerte, 275 Cal.App.2d 531, 80 Cal.Rptr. 279 (1969); People v. Miezio, 103 Ill.App.2d 398, 242 N.E.2d 795 (1968); People v. Tassone, 41 Ill.2d 7, 241 N.E.2d 419, 421 (1968), cert. denied, 394 U.S. 965, 89 S.Ct. 1318, 22 L.Ed.2......
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People v. Columbo, Nos. 77-1533
...seizure were such as to warrant a person of reasonable caution to believe the action taken was appropriate. (People v. Miezio (1968), 103 Ill.App.2d 398, 242 N.E.2d 795.) Moreover, to be admissible at trial, evidence taken as incident to an arrest must be competent and relevant. Applying th......
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People v. De La Fuente, No. 78-449
...the action taken was appropriate (People v. Caruso (1st Dist. 1971), 2 Ill.App.3d 80, 276 N.E.2d 112; People v. Miezio (2d Dist. 1968), 103 Ill.App.2d 398, 242 N.E.2d 795); and the conclusions drawn by the officer should be judged upon 'factual and practical considerations of everyday life ......
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People v. Sweeney, No. 75--240
...(1st Dist., 1971), 2 Ill.App.3d 80, 81, Page 351 [5 Ill.Dec. 212] 276 N.E.2d 112, 113. Accord, People v. Miezio (2nd Dist., 1968), 103 Ill.App.2d 398, 242 N.E.2d Although neither of these weapons is a shotgun, the police could [46 Ill.App.3d 867] reasonably believe these rifles constituted ......
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Palmore v. United States, No. 5831.
...State v. Lewis, 80 N.M. 274, 454 P.2d 360 (1969); People v. Villafuerte, 275 Cal.App.2d 531, 80 Cal.Rptr. 279 (1969); People v. Miezio, 103 Ill.App.2d 398, 242 N.E.2d 795 (1968); People v. Tassone, 41 Ill.2d 7, 241 N.E.2d 419, 421 (1968), cert. denied, 394 U.S. 965, 89 S.Ct. 1318, 22 L.Ed.2......
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People v. Columbo, Nos. 77-1533
...seizure were such as to warrant a person of reasonable caution to believe the action taken was appropriate. (People v. Miezio (1968), 103 Ill.App.2d 398, 242 N.E.2d 795.) Moreover, to be admissible at trial, evidence taken as incident to an arrest must be competent and relevant. Applying th......
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People v. De La Fuente, No. 78-449
...the action taken was appropriate (People v. Caruso (1st Dist. 1971), 2 Ill.App.3d 80, 276 N.E.2d 112; People v. Miezio (2d Dist. 1968), 103 Ill.App.2d 398, 242 N.E.2d 795); and the conclusions drawn by the officer should be judged upon 'factual and practical considerations of everyday life ......
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People v. Sweeney, No. 75--240
...(1st Dist., 1971), 2 Ill.App.3d 80, 81, Page 351 [5 Ill.Dec. 212] 276 N.E.2d 112, 113. Accord, People v. Miezio (2nd Dist., 1968), 103 Ill.App.2d 398, 242 N.E.2d Although neither of these weapons is a shotgun, the police could [46 Ill.App.3d 867] reasonably believe these rifles constituted ......