People v. Smith

Illinois Appellate Court
Criminal Court
Warrantless Arrest
Citation
Case Number: 
2022 IL App (1st) 190691
Decision Date: 
Monday, July 18, 2022
District: 
1st Dist.
Division/County: 
1st Div./Cook Co.
Holding: 
Affirmed.
Justice: 
PUCINSKI

Defendant was found guilty of murder and mob action and was sentenced to 20 years. On appeal, he argued that the trial court erred in denying his motion to dismiss because his arrest was the result of an “investigative alert” rather than a warrant from a neutral magistrate. The appellate court found that defendant’s warrantless arrest was unconstitutional, but that the admission of the evidence related to the arrest was harmless beyond a reasonable doubt because the other evidence presented at trial “overwhelmingly” supported the guilty verdict. (WALKER, concurring, and COGHLAN, specially concurring)