People v. Erby

State: Illinois

Court: 5th District Appellate

Docket No: 5-06-0217 Rel

Case Date: 08/24/2007

Preview:N O T IC E Decision filed 08/24/07. The text of this dec ision m ay b e changed or corrected prior to the P e t i ti o n for filing of a or the

NO. 5-06-0217 IN THE APPELLATE COURT OF ILLINOIS

Re hea ring

FIFTH DISTRICT ________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Williamson County. ) v. ) No. 05-CF-571 ) JOHN H. ERBY IV, ) Honorable ) Ronald R. Eckiss, Defendant-Appellant. ) Judge, presiding. ________________________________________________________________________ JUSTICE GOLDENHERSH delivered the opinion of the court: After a bench trial in the circuit court of Williamson County, defendant, John H. Erby IV, was found guilty of participation in methamphetamine manufacturing (720 ILCS 646/15(a)(2)(A) (West Supp. 2005)). Defendant appeals the denial of his motion to suppress. On appeal, the issue is whether a police officer patrolling outside his jurisdiction used the powers of his office to obtain evidence when his ability to recognize evidence of a crime was due to his training and experience. We affirm. FACTS Officer Kendrick of the Johnston City police department was on patrol in his squad car, but outside of his jurisdiction, when he saw a blue car sitting in the middle of the road. Officer Kendrick drove alongside the driver's side of the stopped vehicle and, while sitting in the patrol car, saw defendant slumped over the steering wheel. After Officer Kendrick activated his patrol lights, defendant awoke and rolled down his window. An odd odor emanated from defendant's car. Officer Kendrick, as a trained and experienced police officer, knew this to be the smell of anhydrous ammonia

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