People v. Stapinski
Annotate this CaseStapinski, indicted for unlawful possession of a controlled substance (ketamine) with intent to deliver, 720 ILCS 570/401(a)(10.5), moved to dismiss, arguing that the indictment violated his due process rights and an executed cooperation agreement he had entered into with police. The state did not dispute the existence of the cooperation agreement, but argued that Stapinski did not fulfill his obligations. The Will County trial court dismissed the indictment. The appellate court reversed s. The Illinois Supreme Court reinstated the dismissal. Police entered into a cooperation agreement with Stapinski, promising not to charge him with possession of ketamine if he assisted in the apprehension of others; he fulfilled his obligations under the agreement. His due process rights were violated when, over a year after he was detained by police, he was charged with possession of ketamine. Whether the cooperation agreement was “valid” in the sense that it was approved by the State’s Attorney, is not important. An unauthorized promise may be enforced on due process grounds if a defendant’s reliance on the promise has constitutional consequences. Stapinski relied upon the agreement he made with police and incriminated himself in the process of fulfilling his obligations under the agreement.
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