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People v. Lohagen

Citations: 35 Ill. 2d 199; 1966 Ill. LEXIS 289; 220 N.E.2d 201Docket: No. 38754

Court: Illinois Supreme Court; September 23, 1966; Illinois; State Supreme Court

Narrative Opinion Summary

The case involves the appeal of a defendant who was convicted of forgery and sentenced to three to ten years in prison. The defendant, along with a co-defendant, was involved in filling out checks and naming himself as the payee, leading to an arrest after attempting to use one of the checks. The primary legal issue revolves around the Fourth Amendment, specifically the illegal search and seizure of evidence. The police conducted a warrantless search of the defendant's car, discovering numerous forged checks, which formed the basis of the conviction. The defendant filed a pretrial motion to suppress the evidence, arguing it was obtained in violation of his constitutional rights. The prosecution contended that the defendant lacked standing to suppress the evidence as he did not claim ownership of the checks. However, the court determined that possession is not a requisite for standing when possession is an element of the crime. Consequently, the court ruled that the search was unlawful and the evidence should have been excluded, resulting in the reversal of the conviction by the circuit court of Winnebago County.

Legal Issues Addressed

Exclusion of Illegally Obtained Evidence

Application: The court ruled that the evidence obtained from the illegal search should have been suppressed, leading to a reversal of the conviction.

Reasoning: The court concluded that the search was illegal, and the trial court erred in denying the motion to suppress the evidence.

Fourth Amendment - Illegal Search and Seizure

Application: The court found that the search of the defendant's car without a warrant was illegal and violated the Fourth Amendment.

Reasoning: The police later searched the car without a warrant, discovering 89 forged checks in the glove compartment.

Standing to Suppress Evidence

Application: The court held that possession of the property is not a necessary claim for establishing standing to suppress unlawfully seized evidence.

Reasoning: The court referenced previous rulings, indicating that possession of the property is not a necessary claim for establishing standing to suppress unlawfully seized evidence when possession itself is an element of the crime.