People v. Latimer 

Illinois Appellate Court
Criminal Court
Motions to Suppress
Citation
Case Number: 
No. 2-08-0947
Decision Date: 
Monday, August 23, 2010
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Affirmed in part and reversed in part; remanded.
Justice: 
JORGENSEN
Court granted motions to suppress evidence obtained as a result of police encounter and identification testimony by a different officer, filed by Defendant charged with unlawful delivery of controlled substance within 1000 feet of a church. Whether individuals depicted in photos resemble one another is only a matter of opinion. Officer's opinion on resemblance, for identification purposes, would not enhance trier of fact's understanding of any nonopinion testimony he might have. Supreme Court Rule 604(a)(1) does not authorize State to appeal from orders that are "unnecessary" or "might lead to confusion", as such request seeks court's review of objection that has not yet been made or ruled upon. (O'MALLEY and SCHOSTOK, concurring.)