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.

People v. Ziegler

OPINION FILED JANUARY 3, 1986.

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

v.

JOSEPH M. ZIEGLER ET AL., DEFENDANTS-APPELLANTS.



Appeal from the Circuit Court of Tazewell County; the Hon. Ivan L. Yontz, Judge, presiding.

JUSTICE SCOTT DELIVERED THE OPINION OF THE COURT:

• 1 On April 11, 1985, the circuit court of Tazewell County determined that a mail order business operated by the defendants, Joseph M. Ziegler and Array Distributors, Inc., at R.R. 2, Manito, was a public nuisance as defined in section 3 of the Drug Paraphernalia Control Act (Ill. Rev. Stat. 1983, ch. 56 1/2, par. 2103(b)). The same court enjoined and restrained the defendants from maintaining and permitting such a nuisance to continue. According to the notice of appeal filed April 12, 1985, the defendants assert that the injunctive relief granted is not supported by the evidence, and that the circuit court incorrectly denied their motions challenging the constitutionality of section 3(b) and the validity of a search of the premises at R.R. 2. No argument appears in the briefs on appeal concerning the validity of the search, and hence that issue will be considered waived. Stach v. Sears, Roebuck & Co. (1981), 102 Ill. App.3d 397, 429 N.E.2d 1242.

Joseph M. Ziegler was the principal owner and manager of Array Distributors, Inc. On January 28, 1985, Ziegler reported a burglary at the R.R. 2 location which was investigated by Detective Sergeant Pat Landrith. According to the report, a case of pipes had been stolen, including 144 RD3 pipes, 144 7/8 onyx pipes and one 222 pipe. Sergeant Landrith observed certain items in the course of his investigation which he believed to be drug paraphernalia, and he reported his observations to the Tazewell County State's Attorney. A search warrant was issued and numerous exhibits were seized. Based on the results of the search, a complaint for injunction was filed by the State's Attorney seeking to have the R.R. 2 enterprise declared a public nuisance.

Section 3(b) of the Drug Paraphernalia Control Act (Ill. Rev. Stat. 1983, ch. 56 1/2, par. 2103(b)) provides:

"Any store, place, or premises from which or in which any item of drug paraphernalia is kept for sale, offered for sale, sold, or delivered for any commercial consideration is declared to be a public nuisance.

The State's Attorney of the county in which such nuisance is located may commence an action to abate a public nuisance as described in this subsection (b), in the name of the People of the State of Illinois, in the circuit court."

Another section of the same act further defines paraphernalia, among other things, to include:

"Objects peculiar to and marketed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body including, where applicable, the following items:

(A) water pipes;

(B) carburetion tubes and devices;

(C) smoking and carburetion masks;

(D) miniature cocaine spoons and cocaine vials;

(E) carburetor ...


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.