Robert Simpson - Cook County State's Attorney

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(R. 820) Young directed the officers' attention to various bags inside the locker which she claimedcontained guns that had been employed in the robbery. (R. 820)Defendant stipulated to the contents of an inventory slip, introduced into evidence, listingthe items recovered by police from the storage locker. (R. 1700, 1704) The recovered items includeda .380 caliber pistol, a .25 caliber pistol, empty gun boxes for the pistols, assorted clips, bullets, a boxcontaining theatrical makeup, a beige purse, a khaki trenchcoat and a brown baseball cap. (C.R. 288)Defendant confirmed to the trial court that these were the items he wanted suppressed. (R. 1704-1705)The trial court found that the evidence established at the hearing on the motion revealed arapidly developing situation--a violent crime involving a person with violent tendencies. (R. 1715-1716) The trial court noted that the weapons used in the commission of the offense had not yet beenrecovered and that a co-defendant who had admitted her involvement had contacted defendant in anattempt to draw him out of the apartment. The trial court further noted that another co-defendant wasarrested, had given police consent to search the apartment, as well as the storage area, and in fact hadactual authority to do so. (R. 1716-1717) The trial court found that police had reason to believe thatdefendant might be present inside the apartment and stated that, based upon the totality of thecircumstances presented, there was a strong showing of probable cause as well as the presence ofexigent circumstances. (R. 1716) The trial court noted that the police officers' method of entry intothe apartment was made by use of a key and was not initially forcible. The court found that thediversionary device was employed only when defendant was observed inside the apartment and heldthat based upon the totality of the circumstances, the officers' method of entry was reasonable. (R.17
1717) Accordingly, the trial court denied defendant's motion to quash arrest and suppress evidence.(R. 1719)18
Page 4: eing made by defendant and not by t
Page 7 and 8: to proceed. (R. 53) The trial court
Page 9 and 10: econsider his decision, a decision
Page 11 and 12: individually escorted from the lobb
Page 13 and 14: Public Defender's Office was not do
Page 15 and 16: description on file was consistent
Page 17: Tinley Park Police Officer Barbara
Page 21 and 22: was only a few feet from the door,
Page 23 and 24: was given $40.00 for her participat
Page 25 and 26: After deliberating less than two ho
Page 27 and 28: At the sentencing hearing, the tria
Page 29 and 30: IIIREASONS FOR DENYING THE PETITION
Page 32 and 33: Illinois, particularly those prosec
Page 34 and 35: under oath at his sentencing hearin
Page 36 and 37: the only reason the Illinois Suprem
Page 38 and 39: In conclusion, defendant is not ent

Robert Simpson - Cook County State's Attorney

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