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City of Chicago v. Wender

OPINION FILED JUNE 29, 1970.

THE CITY OF CHICAGO, APPELLEE,

v.

SUSAN WENDER ET AL., APPELLANTS.



APPEAL from the Circuit Court of Cook County; the Hon. MAURICE LEE, Judge, presiding.

MR. JUSTICE CREBS DELIVERED THE OPINION OF THE COURT:

Rehearing denied October 6, 1970.

On August 27, 1968, the defendants, Susan Wender, Deborah Drysdale, Peter Leeds, Roger Keenan, Christopher Elms, and Donald Buck, were arrested and charged with disorderly conduct in violation of section 193-1(b) of the Municipal Code of the City of Chicago. They waived a trial by jury and after a bench trial before a magistrate of the circuit court of Cook County they were found guilty. Fines that ranged from $25 to $100 were imposed on each of them. On this direct appeal they contend that their constitutional rights were violated in several respects.

At approximately 1:00 A.M. on August 27, 1968, the morning after the opening day of the Democratic National Convention in Chicago, the six defendants and two other female companions were traveling north on Michigan Avenue in the City of Chicago in a station wagon owned and operated by the defendant Donald Buck. Officers James Nolan, James Hayes, and Edward Clancy of the Chicago Police Department stopped the car at 831 South Michigan Avenue, one block south of the Conrad Hilton Hotel, because it had no rear license plate.

Officer Nolan approached the car, informed the driver of the violation, and asked to see his driver's license. Buck stepped out of the car and produced a valid Connecticut operator's license, but because an out-of-state license could not be used in lieu of a cash bond, Officer Nolan informed him that he would have to go to the First District Police Headquarters at 11th and State Streets to post a $25 cash bond. (Ill. Rev. Stat. 1967, ch. 95 1/2, par. 6A-306.) Officer Nolan testified that in addition to the six defendants there were also present in the car "two girls who have been dismissed at a previous trial."

Officer Nolan testified that Donald Buck "informed the occupants of his vehicle that `These Cops are going to take us to the station. We have to post a cash bond.' Well, the occupants started to get out of the vehicle, and formed in a small group on the east side of Michigan right next to their vehicle. They were on the sidewalk. The car was parked at the curb. There was no other means of transportation, so, for our own safety, knowing we would have to bring them in to the district we padded [sic] each and every individual witness * * *." Officer Nolan then identified the defendants and stated that there were thirty or forty people walking about in the immediate area. His direct examination continued:

"Q. Did these people, as you were talking to the occupants of the car, did these people gather around the car?

A. The defendants kept wanting to know, yelling, `What right do you have to search us? What are we arrested for?' The people around started to take notice of what was going on.

Q. Now, in what manner were the occupants of the car speaking to you, were they quietly saying this?

A. No, no, no, they were loud.

Q. Loud?

A. Yes.

Q. How far would you estimate the voices ...


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