People v. RinglandAnnotate this Case
Gaither, a La Salle County State’s Attorney special investigator and part of a team (SAFE) intended for “drug interdiction team primarily on Interstate 80,” conducted a traffic stop against each defendant on I-80; each stop resulted in the discovery of a controlled substance. Each defendant moved to suppress evidence contending that Gaither lacked the authority to conduct traffic stops because State’s Attorney Towne failed to comply with 55 ILCS 3-9005(b)’s mandatory procedures in hiring Gaither or that section 3-9005(b) did not authorize Gaither to conduct traffic stops. The statute provides: “The State’s Attorney of each county shall have authority to appoint one or more special investigators to serve subpoenas, make return of process and conduct investigations which assist the State’s Attorney in the performance of his duties.” The circuit court granted each defendant’s motion to suppress, holding that section 3-9005(b) required strict compliance with its background verification procedures before Gaither’s appointment and that the requirements were not met. The appellate court found that the conduct of the SAFE unit and Gaither exceeded the scope of section 3-9005(b). The Illinois Supreme Court affirmed. To construe section 3-9005(b) as the state urges would promote confusion between the functions of general law enforcement and assisting a State’s Attorney in the performance of his duties. The State’s Attorney’s common-law duty to investigate suspected illegal activity did not apply because Towne made no showing that law enforcement agencies inadequately dealt with such investigation or that any law enforcement agency asked him for assistance.