People v. Mitchell

In People v. Mitchell (2005), 355 Ill.App.3d 1030, 824 N.E.2d 642, 291 Ill. Dec. 786, appeal denied, (2005), 215 Ill. 2d 611, 833 N.E.2d 7, 295 Ill. Dec. 525, the defendant, a pedestrian, was stopped on the street without any suspicion of criminal wrongdoing. Id. at 644. Upon asking for and receiving the defendant's identification, the police officer discovered an outstanding warrant, arrested him, and pursuant to search subsequent to the arrest, discovered cocaine on the defendant. Id. at 644-45. In its analysis, the court found that the third Brown factor, regarding the purpose and flagrancy of the officer's conduct, to be the most significant. Combined with the first factor, the attenuation test dictated that the contraband be suppressed, despite the discovery of an outstanding warrant. Id. at 649-50. The court concluded that the evidence was obtained by exploiting the original illegality of the stop, and that suppression of the evidence would further the goal of the exclusionary rule, because "it appears to be the only way to deter the police from randomly stopping citizens for the purpose of running warrant checks." Id. at 650.