 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Martinez9/7/1999
" anything." Wolff then got out of his vehicle and told defendant to leave. Defendant continued to "go on with the mouth work," and at that point, defendant was placed under arrest for "interfering" and placed into custody. Defendant was transported to the Sparta Police Department for booking. At the police department, defendant's person was checked, and two rocks of crack cocaine were found in the sweatband of the hat that he was wearing.
Hanna's testimony was virtually identical to Wolff's testimony.
Prior to its ruling, the circuit court noted that there was nothing wrong with the initial investigatory stop of the vehicle, even though Wolff later discovered that the warrant was not valid. The court also stated that defendant's verbal remarks were protected speech and did not constitute obstructing a peace officer. The circuit court stated that it was a closer call on the issue of whether defendant actually placed himself between Wolff and the person that Wolff was attempting to speak to. The court stated that it was "interesting" that defendant was not placed under arrest immediately after standing between Wolff and his subject but only upon returning to the scene after an earlier retreat. The court also stated that "as a matter of law there was not obstructing a police officer." Subsequent to the hearing on the aforementioned motions, an order was entered stating as follows: "Defendant's motions are granted and any evidence or statements obtained from the defendant is suppressed." The State filed a motion to reconsider on November 25, 1997. On January 9, 1998, a hearing was held, and on January 12, 1998, the court denied the State's motion to reconsider. On January 13, 1998, the State filed a notice of appeal and a certificate of impairment.
The State claims that since Wolff had reasonable grounds to believe that defendant had committed the offense of obstructing a peace officer, defendant's motion to suppress should not have been granted. We agree.
Generally, when reviewing a trial court's findings of fact on a suppression motion, this court will not reverse unless those findings are manifestly erroneous. See People v. Shepherd, 242 Ill. App. 3d 24, 28, 610 N.E.2d 163, 166 (1993). However, when neither the facts nor the credibility of the witnesses is contested and this court is reviewing only the trial court's legal Conclusions on a suppression motion, this court need not afford the trial court's decision deference and may instead review that decision de novo. See Shepherd, 242 Ill. App. 3d at 28, 610 N.E.2d at 166; see also People v. Robinson, 299 Ill. App. 3d 426, 431, 701 N.E.2d 231, 236 (1998).
Defendant argues that in this case the trial court's decision on the motion to suppress should be upheld unless the record shows that the decision is contrary to the manifest weight of the evidence. See People v. Industrial Salvage, Inc., 136 Ill. App. 3d 1068, 1070, 484 N.E.2d 322, 323 (1985). We disagree.
In the instant case, it is clear that the testimony by Officers Wolff and Hanna regarding defendant's actions were uncontradicted; therefore, the facts of this case are not in dispute. Moreover, the officers' credibility was not questioned. The trial court ruled, as a matter of law, that defendant's actions did not constitute obstructing a peace officer. Hence, the standard of review in this case is de novo.
After stating that the initial stop of the vehicle was appropriate, the trial court stated as follows:
" he testimony of the police officers is supposedly that Mr. Martinez did two things. Number one, he, as Officer Hanna said, continued to go on with the mouth work, end of quote, and the other part I su
Page 1 2 3 4 5 Illinois DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|