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09/29/88 the People of the State of v. Leroy K. Scholten Et Al.

September 29, 1988

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLANT

v.

LEROY K. SCHOLTEN ET AL., DEFENDANTS-APPELLEES



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

529 N.E.2d 796, 175 Ill. App. 3d 214, 124 Ill. Dec. 815 1988.IL.1483

Appeal from the Circuit Court of Du Page County; the Hon. Edward W. Kowal, Judge, presiding.

APPELLATE Judges:

JUSTICE REINHARD delivered the opinion of the court. WOODWARD and NASH, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE REINHARD

The State appeals pursuant to Supreme Court Rule 604(a) (107 Ill. 2d R. 604(a)) from an order of the circuit court of Du Page County which granted a pretrial motion to suppress evidence filed by defendants, LeRoy K. and Beth Anne Scholten. The sole issue presented is whether the warrantless search by police seeking evidence of gambling activities on premises possessing a liquor license was proper.

Defendants were charged in a three-count indictment with the offenses of gambling (Ill. Rev. Stat. 1987, ch. 38, par. 28-1(a)(6)), keeping a gambling place (Ill. Rev. Stat. 1987, ch. 38, par. 28-3), and conspiracy to commit the offense of gambling (Ill. Rev. Stat. 1987, ch. 38, par. 8-2). Defendants filed a motion to suppress evidence which alleged that evidence was obtained in a warrantless search in violation of their fourth amendment rights. The parties stipulated to the following facts:

"(a) The Brookwood Country Club is a private club located in the County of Du Page, State of Illinois.

(b) The owner or owners of the Brookwood Country Club at all times relevant herein were the holders of a license for the sale at retail of alcoholic liquor on the premises of the Brookwood Country Club.

(c) On January 25, 1987, [defendants] rented the Brookwood Room, a separate area contained within the Brookwood Country Club, for the purpose of having a private Super Bowl party at that location.

(d) Sgt. D. Koletsos at all times mentioned herein was a peace officer for the City of Wood Dale and would testify as follows:

On January 25, 1987, he received a call from Mr. Dave Lyons, who is a Du Page County Corrections Officer who had been employed by Brookwood Country Club on January 25, 1987, on an off-duty basis to work the door of the club. Mr. Lyons advised that the door to the club was locked, denying access to the interior of the club. He was given instructions from the General Manager of the club not to admit anyone to the club who did not have an invitation to the club. Mr. Lyons said he became suspicious when a patron came to the door and advised him that he was there for the numbers. Mr. Lyons then went into the club and spoke with the coat check girl who stated she was surprised that he was working because there was gambling going on in the club. He then went to the receptionist who stated that she was surprised he was there and advised him that there was gambling going on inside. Upon hearing this, Mr. Lyons left the club and ultimately contacted Sgt. Koletsos. Koletsos then contacted Attorney Kathleen McCarthy of the Du Page County State's Attorney's office, who was handling felony screening. He advised her of the facts of the case and inquired if a search warrant was needed to search the club for gambling violations. After speaking with her, she advised that she felt that all Koletsos had for probable cause for a search warrant was someone else's Conclusion that gambling was, in fact, going on in the club. She further stated that she would need to know the exact words said by the patrons entering the club as well as the exact conversation Lyons had with the coat check girl and the receptionist. She further wanted to know if the receptionist had access to the interior of the club and also wanted Koletsos to go to the club and personally speak with the parties involved.

Subsequently Koletsos advised Ms. McCarthy that a liquor check would be made on the premises. Koletsos and other police officers then went to the country club where they found the front door locked and could not be opened from the outside. Koletsos knocked on the door and alerted the coat check girl to open the door for all the officers. He then went to the Brookwood Room, which was not closed off by a door, and observed several hundred people in the Brookwood Room. He went to the bar and spoke with two bartenders who advised that everything was alright and peaceful. While walking in the room between the tables, Koletsos observed certain items which he seized and the State intends to introduce into evidence.

(e) Dan Callahan, a peace officer for the City of Wood Dale, would testify he was advised by Sgt. Koletsos that the shift was going to conduct a raid on the Brookwood Country Club and a sledge ...


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