Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Noro v. Police Bd. of City of Chicago

OPINION FILED APRIL 7, 1977.

MASANOBU NORO, PLAINTIFF-APPELLANT,

v.

THE POLICE BOARD OF THE CITY OF CHICAGO ET AL., DEFENDANTS-APPELLEES.



APPEAL from the Circuit Court of Cook County; the Hon. ARTHUR L. DUNNE, Judge, presiding.

MR. JUSTICE MEJDA DELIVERED THE OPINION OF THE COURT:

This is an administrative review proceeding brought upon a decision of the Police Board of the City of Chicago (Board) discharging plaintiff, Masanobu Noro, from his position as a patrolman. The circuit court affirmed plaintiff's discharge. Plaintiff appeals and contends: (1) a policeman may not be discharged for invoking his fifth amendment privilege against self-incrimination before a Federal grand jury; (2) the Board's findings and decision are against the manifest weight of the evidence; and (3) the judgment of the circuit court is against the manifest weight of the evidence. We affirm. The pertinent facts follow.

O December 13, 1971, plaintiff appeared as a witness before a Federal grand jury in Chicago, pursuant to a subpoena. Plaintiff was one of a number of Chicago police officers subpoenaed. The grand jury was investigating alleged irregularities among employees of the Chicago Police Department that might have been violations of Federal criminal law, and more particularly the Hobbs Act (18 U.S.C. § 1951 (1970)), which prohibits, among other things, interference with commerce by extortion.

At the grand jury hearing plaintiff was advised of his constitutional rights, after which the following exchange occurred:

"Q. Mr. Noro, how are your employed?

A. I refuse to answer that question because I sincerely and honestly believe that my answer may tend to incriminate me. The right not to answer your question is afforded me by the Fifth Amendment of the United States Constitution.

Q. Do you have an attorney, Mr. Noro?

A. I refuse to answer that question.

Q. I don't know how the name of your —

A. I refuse to answer that question.

Q. I don't know how the name of your attorney can incriminate you, Mr. Noro. You wouldn't like to tell the Grand Jury who your attorney is?

A. I refuse to answer that question because I sincerely and honestly believe that my —

Q. You are a member of the Chicago Police Department, are you not?

A. I refuse to answer that question because I sincerely and honestly believe that my answer ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.