People v. Ringland

Illinois Supreme Court
Criminal Court
Special Investigator
Citation
Case Number: 
2017 IL 119484
Decision Date: 
Thursday, June 29, 2017
Division/County: 
LaSalle Co.
Holding: 
Affirmed.
Justice: 
Freeman

The State’s Attorney of La Salle County appointed a special investigator pursuant to section 3-9005(b) of the Counties Code. The special investigator conducted a traffic stop against each Defendant, where he found a controlled substance. Defendants were charged with felony drug offenses, and each Defendant filed a motion to quash arrest and suppress evidence contending that the investigator lacked the authority to conduct a traffic stop. Court granted the motions, and Appellate Court affirmed, holding that the conduct of the investigator exceeded the scope of section 3-9005(b). Court properly found that the investigator was not authorized to conduct traffic stops, because the statute only granted investigators the power to conduct investigations which “assist the State’s Attorney in the performance of his duties.” Even though one of the duties of the State’s Attorney was to investigate suspected illegal activity, this duty is limited to circumstances where other law enforcement agencies inadequately deal with such investigation.  Since the State did not show that any law enforcement agencies inadequately dealt with such investigation or that any law enforcement agency asked the State’s Attorney for assistance, the investigator’s traffic stops fell outside this scope of his permissible actions.