Defendant was charged with driving under the influence of intoxicating compounds (DUI). Court granted Defendant's motion to suppress evidence that was allegedly the product of an illegal arrest. Court then allowed results of urine test that hospital personnel administered to Defendant shortly after his arrest; court ultimately suppressed the test results. Although Defendant was arrested illegally, the test results were not tainted by the arrest, as they were the product of actions by hospital employees not acting at instigation or prompting of the police. Fourth amendment does not apply to a search or seizure effected by a private individual not acting as agent of government or with participation or knowledge of any governmental official. Thus, court erred in suppressing results of urine test done by hospital personnel.(HUTCHINSON and ZENOFF, concurring.)
Illinois Appellate Court
Criminal Court
DUI