APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT
534 N.E.2d 395, 179 Ill. App. 3d 152, 128 Ill. Dec. 213 1989.IL.18
Appeal from the Circuit Court of Madison County; the Hon. Paul Riley, Judge, presiding.
PRESIDING JUSTICE WELCH delivered the opinion of the court. LEWIS, J., concurs. JUSTICE HARRISON, Dissenting.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WELCH
This cause comes before us on appeal by the State of Illinois from an order of the circuit court of Madison County suppressing as evidence a pair of tennis shoes seized from the defendant, Paul Hadley. We reverse.
The evidence adduced at the suppression hearing, as pertinent, is as follows. In the early morning hours of January 22, 1986, a Clark gasoline station in Granite City, Illinois, was burglarized. Among the items taken in the burglary were "biker" wallets, cigarettes and sunglasses which had been for sale in the station.
In the evening of January 22, 1986, an individual entered the Granite City police station with a biker wallet similar to those which had been stolen from the Clark station. He told Lieutenant Pomeroy of the Granite City police department that he had purchased the wallet from Paul Hadley at Goldie's Tavern in Granite City. The individual stated that Hadley had had a bag of "things," including wallets, which he was selling.
Lieutenant Pomeroy gave the wallet to Officer Walkenbach to verify that it was, in fact, the same kind of wallet as those which had been stolen from the Clark station. Walkenbach did so. Lieutenant Pomeroy then sent Officer Walkenbach and Officer Tapp to Goldie's Tavern to determine if there was someone there by the name of Paul Hadley selling items that possibly had been taken in the burglary.
Officers Tapp and Walkenbach proceeded to Goldie's Tavern, where they were met outside by a white female. She informed the officers that Paul Hadley was in the tavern sitting at the bar and gave the officers a description. When the officers entered the tavern, they observed a white male sitting at the bar who matched the description they had been given. The male produced identification indicating that his name was Paul Hadley. He did not have in his possession any items that possibly could have been taken in the burglary.
Hadley was asked, and agreed, to accompany Officer Walkenbach outside. Officer Tapp remained inside the tavern, where he inquired of the bartender whether Hadley had been trying to sell any items. The bartender responded that Hadley had been in the tavern earlier in the day attempting to sell cigarettes and sunglasses out of a green paper or plastic trash bag. The bartender had asked Hadley to "take his business elsewhere." Hadley had left, but later returned without the trash bag.
Officer Walkenbach and Hadley went outside, where Hadley stated that he knew nothing about the burglary. Hadley was handcuffed and transported to the Granite City police department, where he was booked. As part of the police department's standard procedure, Hadley's tennis shoes and jewelry were taken from him and placed in the department's prisoner property room.
The following morning, January 23, 1986, the lead investigator on the burglary, Detective Sergeant Don Knight, suggested to Detective Rosenburg that Hadley's shoes be seized as evidence of the burglary. Detective Rosenburg testified that he decided to seize Hadley's shoes after he saw a piece of plexiglass which had been taken from the burglary scene and had footprints on it. Rosenburg removed Hadley's shoes from the prisoner property room and compared the soles to the prints on the plexiglass. He determined that they appeared to be similar.
Hadley was released from custody at 2:01 p.m., January 23, 1986, because an assistant State's Attorney advised that there was insufficient evidence upon which to obtain an arrest warrant. The assistant State's Attorney further advised Detective Rosenburg to forward Hadley's shoes to the crime lab; no search warrant was sought or obtained. Hadley was released from custody, ...