Defendant appealed from a trial court order denying his motion to suppress evidence that police collected during an inventory search of defendant’s vehicle. The search was conducted after a law enforcement database showed defendant had an outstanding warrant, but the warrant had been withdrawn several months before, a fact that the police were not aware of. The appellate court affirmed, finding that the trial court properly denied the motion to dismiss where the record demonstrated that the police properly inquired as to the validity of the warrant at the time of the search and could not have known that the warrant was still active in the system due to a clerical error. The appellate court further explained that the exclusionary rule does not apply where there is an absence of police misconduct. (DOHERTY and LANNERD, concurring)
Illinois Appellate Court
Criminal Court
Motion to Suppress