Defendant was convicted, after jury trial, of possession of cocaine. Defense counsel provided ineffective assistance of counsel by failing to file a motion to suppress Defendant's statement that he was transporting cocaine to Iowa, which Defendant made in response to police questioning without having received Miranda warnings. During vehicle search, driver of vehicle had already been arrested and placed in a squad car. Cocaine was found in vehicle during search. As trial judge found that Defendant was in custody at time cocaine was discovered, when officer questioned Defendant a bout the cocaine, the questioning was a custodial interrogation without Defendant having first been given Miranda warnings. Defendant's statement would have been inadmissible at trial, and outcome of trial would have been different had his admission been suppressed.(WRIGHT, concurring; SCHMIDT, dissenting.)
Illinois Appellate Court
Criminal Court
Motions to Suppress