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.

01/08/88 the People of the State of v. Timothy J. Repp

January 8, 1988

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLANT

v.

TIMOTHY J. REPP, DEFENDANT-APPELLEE



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

518 N.E.2d 750, 165 Ill. App. 3d 90, 116 Ill. Dec. 128 1988.IL.9

Appeal from the Circuit Court of Kane County; the Hon. John L. Petersen, Judge, presiding.

APPELLATE Judges:

JUSTICE HOPF delivered the opinion of the court. LINDBERG, P.J., and UNVERZAGT, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE HOPF

The State appeals (107 Ill. 2d R. 604(a)(1)) from an order of the trial court rescinding the statutory summary suspension of the driver's license of the defendant, Timothy Repp, and granting his motion to quash his arrest and suppress evidence. The State's sole contention in this court is that the trial court's ruling that the arresting officer did not have "probable cause" to stop the defendant's vehicle is against the manifest weight of the evidence. In addition to responding to the State's argument, the defendant maintains that we should dismiss the State's appeal for two reasons, which we set forth and address later in this opinion.

The State charged the defendant with two offenses of driving while under the influence of alcohol (Ill. Rev. Stat., 1986 Supp., ch. 95 1/2, pars. 11-501(a)(1), (a)(2)) as a result of an incident that occurred in St. Charles, Illinois, on November 14, 1986. The following month the defendant filed a petition to rescind the statutory summary suspension of his driver's license and a motion to quash his arrest and suppress evidence. After holding a joint hearing on January 21, 1987, to adjudicate the petition and motion, at which time the court heard the testimony of the defendant and the arresting officer, the court below granted both the petition and the motion; the court predicated its ruling solely on its finding that the officer did not have probable cause to stop the defendant's automobile. The State then filed its certificate of impairment and notice of appeal.

We dispense with a recitation of the facts here and note that the relevant facts will be discussed in conjunction with the particular issues presented for our resolution.

We address first the defendant's arguments that we should dismiss the State's appeal. Initially, the defendant renews his motion to dismiss that portion of the State's appeal challenging the trial court's ruling granting the motion to quash his arrest and suppress evidence. The defendant originally filed that motion in this court on July 16, 1987; we denied it on July 29, 1987, after considering it and the State's objections to it. The gravamen of both the motion and the defendant's appellate contention is that the State's appeal is premature because the trial court's order of January 21, 1987, only granted the motion to quash the defendant's arrest and left undecided the matter of the suppression of evidence. The only authority the defendant advances in support of his contention is our recent decision in People v. Fox (1987), 155 Ill. App. 3d 256, 508 N.E.2d 475. For the reasons expressed below, we again reject the defendant's request that we dismiss the State's appeal on this basis.

In Fox, the trial court held separate hearings to determine the probable cause and suppression of evidence questions. We concluded that the second hearing concerning the suppression of evidence was a continuation of the earlier hearing that adjudicated the legality of the arrest. Concerned with the fact that allowing the State to appeal after the hearing quashing the arrest would encourage piecemeal appeals, we determined that the first order was not a final, appealable order until the lower court resolved entirely the suppression issue at the second hearing. Fox, 155 Ill. App. 3d at 260-62, 508 N.E.2d at 478-79.

In contrast to the situation presented in Fox, in the present case the trial court held a single hearing to resolve the defendant's motion to quash his arrest and suppress evidence, entered a single order which granted the motion to quash the arrest, and stated that there was no just reason to delay the appeal of the court's decision. We agree with the State that implicit in the trial court's order quashing the arrest in this prosecution for driving under the influence of alcohol was its ruling that the evidence resulting from the allegedly improper arrest be suppressed also, because, as we remarked in Fox, "a successful motion to quash arrest without the ensuing suppression of evidence is of little effect." (Fox, 155 Ill. App. 3d at 261, 508 N.E.2d at 479.) Thus, in our view, the State properly appealed from the final order quashing the defendant's arrest and suppressing evidence.

The defendant's second contention in support of his request that we dismiss the State's appeal is that the propriety of the trial court's ruling concerning the defendant's petition to rescind the statutory summary suspension of his driver's license has become moot due to the passage of time. In this respect he argues that the suppression of his driver's license took effect on or about December 30, 1986, and would have terminated by statute three months later (see Ill. Rev. Stat., 1986 Supp., ch. 95 1/2, par. 6-208.1(a))(2). He concludes that since the three-month period has expired, reinstatement of the summary suspension of his driver's license is impossible.

The logic of this argument escapes us, and we conclude that the contention is in error. First, we point out that the premise of the defendant's argument is unfounded. The very fact that the trial court rescinded the defendant's statutory summary suspension on January 21, 1987, clearly indicates that the defendant's driver's license was not suspended for the full three-month period. Furthermore, as the State correctly emphasizes, to adopt the defendant's position would effectively deny the State's right to appeal the rescission of the statutory summary suspension of a defendant's driver's license because the normal course of the appellate process extends well beyond the duration of the three-month suspension. It stands to reason, also, that were we to accept the defendant's argument, the beneficial purpose behind the enactment of the summary suspension statute as well as the administration of Justice would be seriously impeded if this court were prevented from reviewing, by means of a proper State appeal, an improper order of the trial court rescinding the statutory summary suspension of a defendant's driver's license. It is manifest to us, therefore, that the State's challenge in this case to the rescission of the defendant's statutory summary suspension, rather than being moot, is properly presented for our consideration.

We turn now to the State's substantive assignment of error, that the trial court's order (1) quashing the defendant's arrest and suppressing evidence and (2) rescinding the statutory summary suspension of his driver's license is against the manifest weight of the evidence because the trial court erred when it concluded that Officer Rust's investigatory stop of the defendant's automobile was without probable cause. For the ...


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.