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People v. Casillo

OPINION FILED SEPTEMBER 9, 1981.

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

v.

ALLAN CASILLO, DEFENDANT-APPELLEE.



APPEAL from the Circuit Court of Will County; the Hon. HERMAN S. HAASE, Judge, presiding.

MR. PRESIDING JUSTICE SCOTT DELIVERED THE OPINION OF THE COURT:

The People appeal from an order of the Circuit Court of Will County, quashing a search warrant and suppressing the evidence obtained thereunder.

In substance the complaint for search warrant alleged as follows:

That on June 29, 1979, the body of James W. Pandow was found lying on 191st Street in Mokena, Illinois. The defendant, Allan Casillo, had reported to the police that while driving home shortly before midnight he came upon the body and later reported it to the police.

That a pathologist had examined the body and determined the cause of death resulted from the victim being struck three or four times with an elongated blunt instrument similar to a tire iron and that the victim had wounds similar to defense wounds.

That a forensic scientist compared samples of glass found at the scene to samples of glass removed from the defendant's garbage and that they came from the same original object. In addition, paint samples had been obtained from the victim's clothing which needed to be compared with paint scrapings from the defendant's motor vehicle.

That a named individual arrived at the scene and observed the defendant and his red Dodge van with a broken rear view mirror. That based upon his observations of the scene and certain remarks made by the defendant, as well as the fact that the individual later saw the defendant's van with new replacement mirrors, it was believed that the defendant's vehicle was involved in the death of the decedent.

That another named individual saw a red Dodge van at a particular address which matched the description of what the police believed to be the hit and run vehicle and that several persons appeared to be working on the mirror on the passenger side of the vehicle but that the individual was chased off by the people when he approached the area. That the individual, however, noted the license number of the vehicle which was registered to the defendant.

That the glass recovered from the defendant's garbage by a deputy sheriff was located at the same address as given by the witness to the attempted removal of the damaged mirror.

That the defendant had been identified by an auto supply dealer as the individual who had inquired about purchasing some rear view mirrors the day after the body was found.

Finally, that the affiant, a deputy sheriff, believed that the search and seizure of the defendant's van would disclose further physical evidence, including the murder instrument, to connect the defendant with the offense.

The items the complainant sought to seize were samples of paint, samples of glass, a tire iron or other elongated blunt object, portions of the van bearing holes to which a mirror would have been attached and a 4 x 6 rear-view mirror matching the one the police already had in their possession.

Based upon the foregoing, a search warrant was issued for the search of the defendant's van and the seizure of the items listed in the complaint.

Subsequently, the defendant was arrested and charged, not with murder, but with failure to stop and report a fatal accident, which was later amended ...


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