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People v. Martinez9/7/1999
will not consider the issue of whether the stop of Moore and Harris was proper. We also note that defendant was not detained and was free to leave at all times until he interfered with Wolff's investigation to such an extent that he was arrested. Wolff even told Hanna that defendant was free to leave, and he did, in fact, leave for a small period of time.
Since defendant was not being detained as the result of misinformation about an arrest warrant for Moore, his subsequent arrest for obstructing a peace officer was not the result of Moore's stop and did not concern a "stale" arrest warrant, as was the case in People v. Sullivan, 243 Ill. App. 3d 830, 612 N.E.2d 1000 (1993), a decision that defendant relies so heavily on.
Hence, defendant has no standing to raise this issue.
In light of the foregoing considerations, we reverse the circuit court's suppression order and remand this case for trial.
Reversed and remanded.
RARICK, P.J., and GOLDENHERSH, J., concur.
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