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. Bernard

Court of Appeals of Illinois, Second District

March 3, 2015

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant,
v.
MARY C. BERNARD, Defendant-Appellee

Page 206

Appeal from the Circuit Court of Kendall County. No. 13-CF-28. Honorable Timothy J. McCann, Judge, Presiding.

SYLLABUS

On appeal from the trial court's order granting defendant's amended motion to quash her arrest and suppress evidence, where the evidence supporting her charged offense of obstruction of justice was not the fruit of the purportedly unconstitutional police conduct of handcuffing defendant and placing her in the backseat of the squad car behind the bottle of pills an officer had just found when defendant removed the handcuffs, grabbed the bottle and took all of the pills, since her action of swallowing the pills was independent of the alleged police illegality; therefore, the appellate court held that the exclusionary rule did not apply.

Eric C. Weis, State's Attorney, of Yorkville (Lawrence M. Bauer and Barry W. Jacobs, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Liam Dixon, of Law Offices of Liam Dixon, of Aurora, for appellee.

JUSTICE BIRKETT delivered the judgment of the court, with opinion. Justices Zenoff and Jorgensen concurred in the judgment and opinion.

OPINION

BIRKETT, JUSTICE.

Page 207

[¶1] The State appeals from an order of the circuit court of Kendall County granting the amended motion of defendant, Mary C. Bernard, to quash her arrest and suppress evidence. Because the evidence supporting her charged offense was not the fruit of the purportedly unconstitutional police conduct, and therefore the exclusionary rule did not apply, we reverse and remand.

[¶2] I. BACKGROUND

[¶3] The following facts were established at the hearing on defendant's motion. At approximately 2:30 a.m. on January 19, 2013, Officer Johnson and several other officers of the Aurora police department were dispatched to a residence to investigate a report of a domestic disturbance involving a suicidal individual. When Officer Johnson arrived, he was invited into the home and spoke to the mother of Cody Sansalone, the young man causing the disturbance and threatening to commit suicide.

[¶4] Officer Johnson then spoke to Sansalone, who said that he wanted to kill himself by ingesting pills. When Officer Johnson asked him where the pills were, Sansalone told him that they were on a computer desk upstairs.

[¶5] Officer Johnson then went up the stairs, saw a computer desk on a landing, but saw no pills on the desk. About that time, Sansalone's younger sister told Officer Johnson that Sansalone and defendant were always bringing ecstasy[1] into the house. She also told Officer Johnson that ...


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.