Defendant was convicted, after jury trial, of armed robbery and unlawful possession of a controlled substance. Court erred in denying Defendant's motion to suppress statements made after his arrest. Officer's language and actions were particularly evocative, and likely to elicit incriminating response from Defendant. Officer handcuffed Defendant, placed him in back of a patrol car, and engaged him in ongoing conversation, including asking him at least one question and discussing evidence against him, and officer drove Defendant to area where Defendant could see police questioning the mother of Defendant's 3 children. Officer subjected Defendant to functional equivalent of a police interrogation without providing Miranda warnings.(SCHWARM, concurring; WELCH, dissenting.)
Illinois Appellate Court
Criminal Court
Miranda Warnings