People v. Kowalski

State: Illinois

Court: 2nd District Appellate

Docket No: 2-10-0237 Official Reports

Case Date: 07/28/2011

Preview:ILLINOIS OFFICIAL REPORTS
Appellate Court

People v. Kowalski, 2011 IL App (2d) 100237

Appellate Court Caption

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. MICHAEL G. KOWALSKI, Defendant-Appellant.

District & No.

Second District Docket No. 2-10-0237 July 28, 2011 September 6, 2011 Defendant's conviction for unlawful possession of drug paraphernalia was reversed where the trial court erred in denying his motion to suppress a pipe with cannabis residue discovered in a warrantless search conducted pursuant to fire department policy in preparation to transport defendant for medical treatment following a bar fight, since there was no evidence defendant committed a crime or was armed and dangerous or that the search was limited to a search for weapons and there was no other justification for the search.

Filed Rehearing denied Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Appeal from the Circuit Court of Du Page County, No. 08-CM-5239; the Hon. Karen M. Wilson, Judge, presiding.

Judgment

JUSTICE BOWMAN delivered the judgment of the court, with opinion. Presiding Justice Jorgensen and Justice McLaren concurred in the judgment and opinion.

Counsel on Appeal

Thomas A. Lilien and Steven E. Wiltgen, both of State Appellate Defender's Office, of Elgin, for appellant. Robert B. Berlin, State's Attorney, of Wheaton (Lisa Anne Hoffman, Assistant State's Attorney, Lawrence M. Bauer and Gregory L. Slovacek, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Panel

JUSTICE BOWMAN delivered the judgment of the court, with opinion. Presiding Justice Jorgensen and Justice McLaren concurred in the judgment and opinion.

OPINION

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