Defendant was charged with 1 count each of identity theft, possession of incomplete card, and altered or counterfeited card. Charges alleged that Defendant possessed blank and altered debit cards and another person's social security number with the intent to use it to commit a felony. After bench trial, court found Defendant guilty of all counts. Officer testified that he arrested Defendant for driving 115 mph in a 70-mph zone As that is a misdemeanor charge, and officer's testimony suggests he took Defendant into custody, it is likely police would have had his vehicle towed and would have done an inventory search. No ineffective assistance of counsel in failing to file motion to suppress, as the seized evidence would have inevitably been discovered. (KNECHT and TURNER, concurring.)
Illinois Appellate Court
Criminal Court
Motion to Suppress