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People v. Sanders

OPINION FILED APRIL 17, 1978.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

DANIEL P. SANDERS, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Peoria County; the Hon. RICHARD E. EAGLETON, Judge, presiding.

MR. JUSTICE SCOTT DELIVERED THE OPINION OF THE COURT:

This is an appeal by Daniel P. Sanders, the defendant, from a judgment of the circuit court of Peoria County which found him guilty of the offense of obstructing justice and from a sentence imposed thereon to a term of not less than one nor more than three years in the penitentiary.

The defendant, his wife, and his wife's brother, Carl Chambers, on June 9, 1976, at approximately 10:15 p.m., returned to their apartment in the city of Peoria. An upstairs neighbor, Verlin Vire, saw Chambers enter the apartment and notified the Peoria Police Department. Vire had been the victim of a burglary in which a television set and checkbook were taken. Chambers was the prime suspect as to this offense. Shortly after being notified as to Chambers' whereabouts three policemen appeared at the defendant's apartment. The officers did not have either a search warrant or an arrest warrant. What transpired can best be described by setting forth a portion of the testimony of Officer Poynter which was adduced on cross-examination during a hearing on a motion to suppress evidence. That testimony is as follows:

"Q. You knocked on the door and then is it true that Mr. Sanders came to answer the door?

A. Yes, sir.

Q. And when he answered the door, you more or less just came right in, isn't that right?

A. I stepped inside the apartment.

Q. You weren't asked to come in were you?

A. No.

Q. You just assumed that you could come in, is that correct?

A. As I normally do when I am talking to someone.

Q. You come into their place even though you are uninvited?

A. Step into the apartment, yes.

Q. Now, did the other two ...


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