[Download] "People v. Moffitt" by Illinois Appellate Court ? Second District Affirmed in Part and Remanded in Part " Book PDF Kindle ePub Free
eBook details
- Title: People v. Moffitt
- Author : Illinois Appellate Court ? Second District Affirmed in Part and Remanded in Part
- Release Date : January 04, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
On May 2, 1984, defendant, Henry W. Moffitt, was charged by information with unlawful possession of a controlled substance, unlawful use of weapons and obstructing justice. Defendant filed a motion to quash arrest and suppress evidence based on the allegation that the initial stop of his vehicle and his arrest were unlawful because the police officer who stopped him had no reasonable grounds to do so. The motion was heard and denied. Thereafter, a jury trial was held in the circuit court of Lake County, at which defendant was found guilty of all three offenses. Subsequently, defendant was sentenced to six years' imprisonment for unlawful possession of a controlled substance and one year for each of the other offenses to be served concurrently. Defendant was also fined $4,720, the street value of the cocaine involved, under the mandatory fine provision of section 5-9-1.1 of the Unified Code of Corrections. Ill. Rev. Stat. 1983, ch. 38, par. 1005-9-1.1. On April 26, 1984, Officer Ronald Calandra, of the Highland Park Police, was parked in a squad car at a gas station on Route 41, just north of Route 22. At about 1:45 a.m. he saw a semi-truck and a car drive past him on the four-lane highway, side by side, both traveling north. The car passed the truck and changed lanes without the use of a directional signal. The officer testified that at the time the car made the turn in front of the truck the car was ""close."" Shortly thereafter, Officer Calandra received a call over his citizen's band radio from the driver of the truck stating that the car which had passed him had cut him off and that he believed the driver to be drunk. The officer activated his emergency lights and stopped the car.
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