People v. Dorrough 

Illinois Appellate Court
Criminal Court
Official Misconduct
Citation
Case Number: 
No. 1-09-3200
Decision Date: 
Friday, February 4, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Reversed.
Justice: 
EPSTEIN
Defendant, a former police detective, was convicted after jury trial of perjury, unlawful sale of firearm, and official misonduct, by removing a handgun and giving it to suspect's father, and then lying when questioned about it. Violations of police department regulations cannot alone sustain a conviction under Section 33-3(a) of the official misconduct statute, which criminalize a public employee's failure to "perform any mandatory duty as required by law." Police regulations are not "laws" within meaning of statute, as no evidenced they were enacted, sanctioned, or approved by a governing body. (J. GORDON and HOWSE, concurring.)