Are Statements Before Arrest As the Result of An ''On-The-Scene Investigation'' Admissible As Evidence ?
In People v. Laspisa, 243 Ill. App. 3d 777, 184 Ill. Dec. 118, 612 N.E.2d 994 (1993), Officers observed the defendant and three others, including Kalteux, sitting in a parked car.
The officer first noticed the defendant sitting with his head down toward his lap.
The officer then observed the defendant pull his head back and tilt it up.
The officer saw Kalteux and another occupant of the car perform the same movements.
The officers followed the Cadillac until it pulled into the parking lot of a nearby bar.
The defendant and Kalteux exited the car.
The officer then told Kalteux that it looked as though the four had been snorting cocaine.
When asked, Kalteux admitted that they had cocaine and that he had ingested some.
After the officers discovered the cocaine, they arrested all four suspects.
The trial court granted the defendant's motion to suppress the prearrest statements on the ground that they were obtained in violation of Miranda.
With one judge dissenting, the Court reversed.
The Court determined that the defendant's prearrest statements were given as the result of an on-the-scene investigation.