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People v. Berg

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eBook details

  • Title: People v. Berg
  • Author : Supreme Court of Illinois
  • Release Date : January 01, 1977
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

Defendants, Larnell Lowery, James Smith, Leon Berg and Burton B. Levitz, were charged with the theft of 61 water meters. An order of the Cook County circuit court, affirmed by the First District Appellate Court (39 Ill. App.3d 455), suppressed certain evidence (water meters) as the product of an illegal prearrest search, and quashed Lowery's resulting arrest for lack of probable cause. The complaints against Smith, Berg and Levitz assertedly grew out of this suppressed evidence. This appeal concerns only the circumstances of the arrest of Lowery (hereinafter defendant). The motion to suppress was granted after a pretrial hearing at which the arresting officer presented the only evidence. His testimony revealed that at approximately 6 a.m. on November 4, 1974, while in uniform and in a marked police car, he observed defendant in front of 2203 South Trumbull with a leather shopping bag and a baby carriage which had left a trail of water extending back to the 2300 block of South Trumbull. The carriage contained an army duffel bag, and the wheels of the buggy were bent as if overburdened. As the officer watched, the defendant placed the leather bag on the sidewalk next to the baby carriage and walked northward. The officer approached defendant and questioned him. (See Terry v. Ohio (1968), 392 U.S. 1, 20 L.Ed.2d 889, 88 S.Ct. 1868.) Defendant stated that he lived six to eight blocks away and was on his way to catch a bus to work. The officer stated that defendant could not, however, identify the block on which they stood or account for his presence there. Finding defendant's answers unsatisfactory, the officer walked over to the baby carriage and observed that the leather shopping bag and the duffel bag contained water meters. He asked defendant where he had obtained them, and defendant refused to answer, whereupon the officer placed him under arrest.


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