People v. G. L. C.

65 Ill. App. 3d 874 (Ill. App. Ct. 1978) · Appellate Court of Illinois · November 9, 1978

Summary

The appellate court affirmed the adjudication of a 16-year-old respondent as a delinquent minor for burglary. The court held that the warrantless search of the respondent's outer clothing was incident to a lawful arrest supported by probable cause, and that the circumstantial evidence, including possession of stolen property and flight, was sufficient to prove guilt beyond a reasonable doubt.

Holdings

  1. The search was lawful because it was conducted incident to a valid custodial arrest, supported by probable cause.
  2. The evidence was sufficient; the respondent's recent, unexplained possession of the stolen watch, his flight, and the incredible explanation support the inference of entry into the locker room with intent to commit theft.

Questions Presented

  1. Whether the warrantless search of the respondent's outer clothing was unlawful under section 107-14 of the Code of Criminal Procedure and Terry v. Ohio.
  2. Whether the State proved beyond a reasonable doubt that the respondent entered the girls' locker room with intent to commit theft.

Disposition

affirmed

Cases Cited (14)

  • Terry v. Ohio, 392 U.S. 1 (1968)(distinguished)
  • People v. Robbins, 54 Ill. App. 3d 298 (1977)(followed)
  • People v. Grant, 38 Ill. App. 3d 62 (1976)(followed)
  • People v. Wipfler, 68 Ill. 2d 158 (1977)(quoted)
  • People v. Guhlstorf, 56 Ill. App. 3d 381 (1978)(followed)
  • People v. Wright, 41 Ill. 2d 170 (1968)(quoted)
  • People v. Beall, 42 Ill. App. 3d 452 (1976)(followed)
  • People v. Clay, 55 Ill. 2d 501 (1973)(followed)
  • People v. James, 24 Ill. App. 3d 112 (1974)(followed)
  • People v. Cokley, 45 Ill. App. 3d 888 (1977)(followed)

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Cited In (0)

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