People v. Forthenberry

Defendant appealed from an order of the circuit ordering him detained under the Pre-Trial Fairness Act by finding that he committed a qualifying offense and that he posed a real and present threat to the safety or any person or persons in the community that no condition of release could mitigate. On appeal, defendant argued that the trial court erred when it concluded that the proof was evident that he committed a detainable offense where the State’s evidence may have resulted from an unlawful search and that the trial court’s determination that a condition could not mitigate the threat to safety was against the manifest weight of the evidence. The appellate court affirmed, finding that there was sufficient evidence contained in the record to support the findings made by the trial court and that the trial court properly considered the potential that evidence could later be suppressed. (WELCH and CATES, concurring)